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liiiiiiL. 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


THE 


LAW  OF  TOWNSHIPS 

AND  THE  RIGHTS  AND  DUTIES  OF 

Township  Officers 


IN 


PENNSYLVANIA 


BY 

WILLIAM  TRICKETT,  LL.  D., 

Dean  of  the  Dickinson  School  of  Law,  Author  of  the  Law  of  Boroughs,  the 
Law  of  Roads  and  Streets,  etc.,  etc. 


PHILADELPHIA 

T.  &  J.  W.  JOHNSON  &  CO. 
1905 


COPYRIGHT,  1905. 
BY 

T.  &  J.  W.  JOHNSON  &  CO. 


TO 

Prof.  Sylvester  B.  Sadler,  A.  M.,  LL.  B., 
A   learned   lawyer,    an   acute   thinker   and   my   very 

DEAR  friend,  I  RESPECTFULLY  DEDICATE 
THIS  VOLUME. 


PREFACE. 


This  book  attempts,  for  the  first  time,  possibly,  to  collate  the 
law  with  respect  to  townships  in  Pennsylvania.  It  treats  of 
the  classification  of  townships  by  the  Acts  of  April  28th,  1899, 
and  of  May  nth,  1901,  and  of  the  legislation  pertaining  to 
each  class;  of  supervisors,  their  duties  with  respect  to  roads 
and  bridges,  and  their  contractual  power;  of  the  formation 
and  division  of  townships,  school  districts  and  election  districts ; 
of  the  liabilty  of  townships  upon  contracts  and  for  torts,  and  of 
various  other  topics.  The  inclusion  of  a  list  of  the  local  acts 
affecting  townships  has  also  seemed  advisable. 

Wm.  Trickett. 

Carlisle,  December,  1904. 


TABLE    OF    CONTENTS. 


CHAPTER  I. 

ERECTION    OF   TOWNSHIPS. 
PAGE  I. 

SECTION  SECTION 

1.  Legislative  establishment.  6.  The  view. 

2.  Judicial  establishments.  7.  The  return. 

3.  The  petition.'  8.  The  map. 

4.  The  commissioners.  9.  Exceptions. 

5.  The  order.  10.  Review. 


CHAPTER  n. 

ERECTION  OF  TOWNSHIPS. CONTINUED. 

PAGE  13. 

SECTION  SECTION 

11.  Election.  15.  Ascertaining  boundaries. 

12.  In  case  of  division.  16.  Adjusting  river  boundary. 

13.  In  erection  of  new  township.  17.  Altering  lines. 

14.  Division  by  new  county  line. 


CHAPTER  HI. 

ADJUSTMENT  OF  INDEBTEDNESS. 
PAGE  22. 

SECTION  SECTION 

18.  Where  townships  are  divided.  23.  Annexation  to  cities  of  third 

19.  Where  a  borough  erected  from.  class. 

20.  Where     borough     limits     are  24.  Where  new  township  caused  by 

changed.  new  county  line. 

21.  Where    township    annexed    to  25.  Where  boundary  altered. 

city  of  the  second  class.  26.  Effect  of  division  of  township. 


Where    township    annexed    to 
city. 


Vll 


Vlll 


TABLE    OF    CONTENTS. 


CHAPTER  IV. 


CLASSES  OF  TOWNSHIPS. 


PAGE  32. 

SECTION 


27.  Classification  of  townships. 

28.  Method    of    determining    the 

class. 


29.  Constitutionality   of  classifica- 

tion. 

30.  Effect  of  classification. 


CHAPTER  V. 


SCHOOL  DISTRICTS. 


PAGE  ZT- 

SECTION 


Formation. 

Independent  school  districts. 

The  petition. 

Commissioners. 

The  return. 

Costs. 

37.  When  new  district  recognized. 

38.  Abolition  of  independent   dis- 

tricts. 

39.  Annexation  to  district. 
Annulling  of  annexation. 
Formation  of  new  district  by 

creation  of  borough. 
Adjustment  when  new  district 
formed. 
43.  Adjustment  continued. 


31- 
32. 
Z2>- 
34- 
35- 
36. 


40. 
41- 

42. 


44. 
45- 


46. 


47- 


49. 


Adjustment  continued. 

Adjustment  where  lines  altered 
or  independent  district  abol- 
ished. 

Adjustment  where  lines  of  bor- 
ough altered. 

Adjustment  where  any  district 
is  enlarged. 

Adjustment  where  borough 
erected  from  township  is 
merged  into  one  or  more 
boroughs,  and  ceases  to  ex- 
ist. 

Classification  of  school  dis- 
trict. 


CHAPTER  VI. 


ELECTION  DISTRICTS. 


SECTION 

50.  Formation, 

51.  Petition. 

52.  Review. 

53.  Effect  of  division. 


PAGE   57. 


SECTION 

54.  Consolidation  of  election   dis- 

tricts. 

55.  Change  of  polling  places. 


TABLE    OF    CONTENTS.  IX 

CHAPTER  VII. 

POOR  DISTRICTS. 

PAGE  66. 

SECTION  SECTION 

56.  Overseers  of  poor.  59.  Expenditures. 

57.  County  poor  districts.  60.  Completion  of  poor  houses. 

58.  Poor  houses.  61.  Boards  of  Directors. 

CHAPTER  VIIL 

TOWNSHIP  OFFICERS — ASSESSORS. 
PAGE   70. 

SECTION  SECTION 

62.  Township  officers.  70.  Notice  of  assessment. 

63.  Fining  of  vacancies.  71.  Appeals. 

64.  Assessors.  72.  Reassessments. 

65.  Assistant  assessors.  7Z-  Penalty  for  neglect. 

66.  Oath.  74.  Other  duties. 

67.  Duties.  75-  Vacancy. 

68.  Manner   and   place    of   assess-  76.  Compensation. 

ment.  77-  School  assessors. 

69.  Where  assessed. 

CHAPTER  IX. 

TOWNSHIP  TREASURER. 
PAGE  82. 

SECTION  SECTION 

78.  In  townships  of  the  first  class.  80.  Bond. 

79.  In    townships    of    the    second  81.  Duties. 

class.  82.  Vacancy. 

CHAPTER  X. 

TOWNSHIP   COMMISSIONERS  AND   SUPERVISORS. 


PAGE 

87. 

SECTION 

SECTION 

83.  Townships  of  the  first  class ; 

87.  Qualification. 

commissioners. 

88.  Bond. 

84.  Meeting  of  the  bctard. 

89.  Refusal  to  serve. 

85.  Townships  of  the  second  class ; 

90.  Duties. 

supervisors. 

91.  Compensation. 

86.  Filling  of  vacancies. 

X 


TABLE    OF    CONTENTS. 


CHAPTER  XI. 

TAX  COLLECTOR. 
PAGE  97. 


92.  In    townships    of    the    first 

class. 

93.  In  townships  of  the  second 

class. 

94.  Election. 

95.  Oath  and  bond. 


96.  Duties. 

97.  Collection  of  taxes. 

98.  Responsibility  of  collectors. 

99.  Compensation. 

100.  Assistant   collectors. 


CHAPTER  Xn. 


Id.  In    townships    of    the    first 
class. 


TOWN 

CLERK 

• 

PAGE   109. 

SECTION 

first 

102. 
103. 

In   townships 

class. 
Duties. 

of 

the 

second 

CHAPTER  Xni. 


TOWNSHIP  AUDITORS. 
PAGE  III. 


104.  Auditors  in  townships  of  the 

first  class. 

105.  Township  auditors. 

106.  Meetings. 

107.  General  duties. 

108.  Duties  as  to  accounts. 

109.  Presentation  of  claims. 
no.  Efifect  of  settlement. 

111.  Conclusiveness. 

112.  Report  of  auditor. 


113.  Appeal. 

114.  Recognizance. 

115.  Power  of  court  to  modify. 
1x6.  Costs. 

117.  Compensation. 

118.  Vacancies. 

119.  Duties  as  to  fences. 

120.  Duties  of  the  viewers. 

121.  Penalty  for  neglect  of  duty. 

122.  Compensation. 


CHAPTER  XIV. 


SECTION 

123.  Fire  wardens. 

124.  Free  commissioners. 

125.  Board  of  health. 


OTHER  OFFICERS. 

PAGE  124. 

SECTION 


126.  Constables. 

127.  Qualifications. 

128.  Filling  of  vacancies. 


TABLE    OF    CONTENTS. 


XI 


129.  Duties. 

130.  Justices  of  the  Peace. 

131.  Election. 

132.  Term. 

133.  Acceptance  of  office. 

134.  Filling  of  vacancies. 


SECTION 

135.  Contested  elections. 

136.  Removal  of  justices. 

137.  Bond. 

138.  Duties. 

139.  Election  officers. 


CHAPTER  XV. 


140.  Power  to  contract. 

141.  Interests  in  contracts. 
142   Contracts  for  road  work. 
143.  Opening  roads. 


CONTRACTS. 

PAGE 

137. 

SECTION 

144. 

Bridges. 

145- 

Water  troughs, 

146. 

Bounties. 

CHAPTER  XVI. 


SECTION 

147.  Fire  protection. 

148.  Police  protection. 

149.  Lock-ups. 

150.  License  fees. 

151.  Fines  and  penalties. 


POWERS. 

PAGE  146. 

SECTION 

152.  Sewerage. 

153.  Drainage. 

154.  Nuisance. 

155.  Eminent  domain. 


CHAPTER  XVII. 


FRANCHISES. 


PAGE   159 

SECTION 


156.  Street  railways. 

157.  Telephone  and  telegraph  com- 

panies. 

158.  Natural  gas  companies. 


159.  Oil  and  pipe  line  companies. 

160.  Gas  light  and  heat  companies. 

161.  Water  companies. 


Xll 


TABLE    OF    CONTENTS. 


CHAPTER  XVIII. 


EXPENDITURES. 


PAGE  164. 

SECTION 


162.  Subscriptions. 

163.  Appropriation    of    money    or 

credit. 

164.  Erecting  buildings. 

165.  Disbursements. 

166.  Indebtedness. 

167.  Limitation   on    the   power   to 

contract  debts. 

168.  Act  of  April  20th,  I874. 


169.  Act  of  April  20th,  1874,  con- 

tinued. 

170.  Act  of  April  20th,  1874,  con- 

tinued. 

171.  Act  of  April  20th,  1874,  con- 

tinued. 

172.  Exchanging  securities. 

173.  Statement  of  indebtedness. 

174.  Ratifying  increases. 


CHAPTER  XIX. 


TAXATION. 

PAGE  178. 

SECTION  SECTION 

175.  Assessment  of  tax.  182. 

176.  Basis  of  levy.  183. 

177.  Special  taxes   under  the  Act  184. 

of  1835.  185. 

178.  Special  tax  under  the  Act  of  185a 

1864.  186. 

179.  Road  taxes.  187. 

180.  Cash  road  tax.  188. 

181.  Rebates. 
(a)  Rebate  for  planting  trees.  189. 
(&)  Rebate  for  forests. 


Making  roads  or  bridges. 
Contract   with  petitioners. 
General  road  system  tax. 
Liquor  license  fees. 
.  Income  from  forests. 
Dog  tax. 
Exonerations. 
Penalty   for   non-payment 

taxes. 
Returns. 


of 


CHAPTER  XX. 


ROADS. 


PAGE  195. 

SECTION 


190.  In  townships  of  the  first  class. 

191.  In    townships    under    special 

acts. 

192.  Notice  to  supervisors. 

193.  Notice  to  auditors. 


194.  Issuance  of  order  to  open. 

195.  Duty  to  open. 

196.  Location  of  the  route. 

197.  Effect  of  location. 

198.  Damages. 


TABLE    OF    CONTENTS. 


Xlll 


CHAPTER  XXI. 


ROADS. CONTINUED. 


PAGE  207. 

SECTION  SECTION 

199.  Cost  of  opening.  208. 

200.  Roads  on  township  lines.  209. 

201.  Roads  on  State  line.  210. 

202.  Grading  roads.  211. 

203.  Widening  roads.  212. 

204.  Widening  roads  between  cities  213. 

and  boroughs. 

205.  Repairs  by  contract.  214. 

206.  Road  machinery.  215. 

207.  Drains. 


Guard  walk. 

Removing  stones. 

Snow  drifts. 

Index  boards. 

Obstructing  highways. 

Obstruction    of   crossings   by 

railroad  companies. 
Extortion  by  workmen. 
Operation  of    machinery    on 

highways. 


CHAPTER  XXn. 

ROADS. CONTINUED. 

PAGE  218. 


216.  Vacation  of  roads. 

217.  State  roads. 

218.  State  roads,  continued. 

219.  State  roads,  continued. 

220.  Maintenance. 

221.  Turnpikes. 


222.  Sidewalks. 

223.  Sidewalks  in  townships  of  the 

first  class. 

224.  Sidepaths. 

225.  Water  troughs. 


CHAPTER  XXni. 


SECTION 

226.  Duty  as  to  bridges. 

227.  Cost  of  bridge. 

228.  Bridges  on  boundaries. 

229.  Bridges  on  county  lines. 

230.  Approaches. 

231.  Repairs. 

232.  Alterations  in  county  bridges. 


BRIDGES. 

PAGE 

231. 

SECTION 

233- 

Rebuilding 

bridges. 

234- 

Abandoned 
bridges. 

and 

destroy€ 

:d 

235- 

Bridges  over  railroads. 

236. 

Notices  on 

bridges. 

237- 

Penal  provisions. 

XIV 


TABLE    OF    CONTENTS. 


CHAPTER  XXIV. 

ACTIONS    BY    AND    AGAINST    TOWNSHIPS. 
PAGE  242. 

SECTION  SECTION 

238.  Power  to  sue.  242.  Mandamus. 

239.  Actions  against  townships.  243.  Mandamus,  continued. 

240.  Actions   by  supervisors.  244.  Mandamus,  continued. 

241.  Intervention  of  taxpayers.  245.  Execution. 

CHAPTER  XXV. 


NEGLIGENCE. 


PAGE  251. 

SECTION 


246.  Liability  of  township  for  neg- 

ligence. 

247.  Liability,  continued. 

248.  Guards. 

249.  Bridges. 


250.  Liability  where   third   parties 

are  negligent. 

251.  Evidence  of  negligence. 

252.  Sidewalks. 

253.  Notice. 


CHAPTER  XXVI. 


SECTION 

254.  Injury     the     natural    conse- 

quence. 

255.  Contributory  negligence. 

256.  Contributory  negligence,  con- 

tinued. 

257.  Imputation     of     contributory 

negligence. 


NEGLIGENCE. CONTINUED. 

PAGE  263. 

SECTION 


258.  Jurisdiction     of    actions     for 

negligence. 

259.  Parties  to  actions. 

260.  Damages. 

261.  Functions  of  court  and  jury. 


CHAPTER  XXVII. 

ACT   OF    1903    CREATING   THE    STATE    HIGHWAY   DEPARTMENT. 


PAGE  273. 

SECTION 


262. 


State  Highway  Department. 
Commissioner.  Assistant 
Commissioner. 

Offices.     Records  of  Depart- 
ment.    Report  to  the  Gov- 
ernor. 
264.  Petition   of  County   Commis- 


263. 


sioners.  Plans,  etc.  Exam- 
ination. Commissioner  to 
Prepare  Plans,  etc.  Report 
to  County  Commissioners 
and  to  Supervisors.  Con- 
tract with  County  and 
Township       Apportionment 


TABLE    OF    CONTENTS. 


XV 


SECTION 

of  Cost.  Proviso.  Appor- 
tionment of  State  Aid.  Pro- 
viso. Roads  Constructed 
Under  Provisions  of  Act  of 
June  26,  1895.  Proviso.  If 
Appropriation  is  not  Ap- 
plied for  Within  Two 
Years.  Proviso.  Apportion- 
ment of  a  Larger  Sum.  Pro- 
viso. Agreement  Between 
County  and  Townships. 
Proviso.  Sworn  Statement 
of  Miles  of  Road. 

265.  Highways   Shall   Conform  to 

Standard.  Minimum  Length 
and  Width  of  Improved 
Section.  General  System 
of  Highway  Improvement. 

266.  All  Work  Shall  be  Done  by 

Contract.  Bids  and  Option. 
Contractor's  Bond. 

267.  Townships  May  Bid  and  Con- 

tract. 

268.  Apportionment  of  Total  Ex- 

pense. Commissioner  to  Cer- 
tify to  Total  Expense  to 
County  Commissioners,  etc. 

269.  Payment  of  the  State's  Share. 

Payment  of  the  County's 
Share.  Payment  of  the 
Township's  Share.  Partial 
Payments  to  Contractor. 
Proviso.     Cash  Road  Tax 

270.  Contracts  to  Be  Made  in  the 

Name  of  the  Common- 
wealth. To  Be  Approved  by 
the  Attorney  General.  Writ- 
ten Agreement  of  County 
and  Township  Officers  to  be 
Filed. 

271.  Petition    of    Township    Offi- 

cers. Resolution  of  County 
Commissioners.  Map,  plan, 
etc.     Proviso. 

272.  Petition.     Resolution.    Town- 

ship May  Incur  Indebted- 
ness or  Issue  Bonds.  Peti- 
tion of  Owners  of  Real  Es- 
tate, Protesting  Against  Ex- 


penditure. Petition  of  Own- 
ers of  Real  Estate,  Favor- 
ing Improvement. 

273.  In  Case  County  Commission- 

ers Neglect  or  Refuse  to 
Act  Upon  Township's  Peti- 
tion. Township  May  Peti- 
tion court.  Report  of  Jury 
of  View.  Order  of  Court. 
Appointment  of  and  Com- 
pensation of  Jury  of  View. 

274.  Joint  Petition  of  Townships. 

275.  Advertisements     for    Propos- 

als. 

276.  Maintenance     of     Highways. 

Apportionment  of  Mainten- 
ance Fund. 

277.  State    aid    for    Maintenance. 

Sworn  Petition.  Apportion- 
ment to  Township.  Limited 
to  One-half  of  Annual  Cost. 

278.  "State  Highways."     Duty  of 

Supervisors,  etc. 

279.  "Highway"   Construed. 

280.  When  Portion  of  Highway  is 

Within  a  Borough.  Agree- 
ment with  Borough.  State 
May  Bear  a  Portion  of  Ex- 
pense. Limit  of.  Borough 
Highways.  Plans  and  Speci- 
fications. Approval  of  Work. 
Duty  of  Borough  Officers. 

281.  Commonwealth     not     to     Be 

Liable  for  Damages.  Dam- 
ages. Petition.  Viewers. 
Proceedings. 

282.  Highway   Plan   of  the   State, 

etc.  Duties  of  the  Commis- 
sioner. He  May  Be  Con- 
sulted by  Officers.  Promo- 
tion of  Improvement. 

283.  Duty   of    County,    City,    Bor- 

ough and  Township  Officers. 

284.  Construction      of      Improved 

Highways.  Selection  of  Ma- 
terial for  Road. 

285.  $6,500,000  Appropriated  When 

Available. 

286.  Repeal.    Proviso. 


XVI 


TABLE    OF    CONTENTS. 


CHAPTER  XXVIIL 


INSTRUCTIONS  ISSUED  BY  STATE  HIGHWAY  DEPARTMENT. 


SECTION 


PAGE  291. 

SECTION 


287.  Instructions  to  Township 
Supervisors  and  County 
Commissioners  as  to  Method 
of  Procedure  Under  High- 


way Law  of  1903 ;  and  also 
to  Engineers  Making  Sur- 
veys. 


CHAPTER  XXIX. 


FORMS. 


PAGE 
SECTION 

288.  Petition  of  Real  Estate  Own- 

ers. 

289.  Petition  of  Township  Super- 

visors. 

290.  Petition    of    Township    Com- 

missioners of  Townships  of 
the  First  Class. 

291.  Petition   of  County   Commis- 

sioners. 

292.  Agreement      Between     Com- 

monwealth,     County       and 
Township,     for    Road    Im- 
provements. 

293.  Contract    Between    the    Com- 

monwealth and  Contractor. 


294. 

SECTION 

294.  Bond    to    Be    Given    by    the 

Contractor  for  Road  Im- 
provement. 

295.  Maintenance  Petition  for  the 

Use  of  Township  Super- 
visors. 

296.  Maintenance  Petition  for  the 

Use  of  Township  Commis- 
sioners and  County  Com- 
missioners. 

297.  Form   of   Standard  Specifica- 

tions. 

298.  Form  of  Bid. 


APPENDIX. 

List  of  Special  Acts  Relating  to  Townships  in  the  Several  Counties    313-513 

Acts  of  Assembly  Cited 515 

Table  of  Cases  Cited 521 

Index  535 


THE   LAW  OF   TOWNSHIPS 

IN    PENNSYLVANIA 


CHAPTER  I. 

ERECTION    OF    TOWNSHIPS. 

SECTION  SECTION 

1.  Legislative  establishment.  6.  The  view. 

2.  Judicial  establishments.  7.  The  return. 

3.  The  petition.  8.  The  map. 

4.  The  commissioners.  9.  Exceptions. 

5.  The  order.  10.  Review. 

Legislative  Establishment. 

I.  Townships  are  directly  or  indirectly  the  creatures  of  the 
law-making  power.  Many  of  them  have  been  immediately  cre- 
ated by  Act  of  Assembly  both  before  and  since  the  passage 
of  the  Act  of  April  15,  1834/  which,  with  the  supplementary 
legislation,  gave  to  the  courts  of  quarter  sessions  jurisdiction 
of  proceedings  for  the  creation  of  new  townships.  Local  legis- 
lation authorizing  such  establishment  was  not  prohibited  until 
the  adoption  of  the  Constitution  of  1874.^  By  section  7  of 
article  3,^  the  General  Assembly  was  forbidden  to  pass  "any 
local  or  special  law  authorizing  the  creation,  extension  or  im- 
pairing of  liens,  regulating  the  affairs  of  counties,  cities,  town- 
ships, wards,  boroughs  or  school  districts"     ....     "erect- 


1  Act  April  15,  1834,  p.  L.  537,  P.  &  L.  Dig.  1014. 

2  Wolf's  Appeal,  58  Pa.  471. 

3  I  P.  &  L.  Dig.  55- 


4  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

ing  new  townships  or  boroughs,  changing  township  lines,  bor- 
ough limits  or  school  districts"  ....  "but  laws  repeal- 
ing local  or  special  acts  may  be  passed."  A  special  act  should 
describe  the  boundaries  and  location  of  the  new  township,  but 
where  it  is  described  by  reference  to  certain  rivers,  creeks  and 
farms  without  naming  the  county  in  which  it  is  located,  the 
locality  may  be  ascertained  by  parol  evidence,  and  the  town- 
ship is  lawfully  created.^ 

Judicial  Establishment. 

2.  By  the  Act  of  April  15,  1834,^  it  was  provided  that  "the 
several  courts  of  quarter  sessions  shall  have  authority  within 
their  respective  counties  to  erect  new  townships,  to  divide  any 
township  already  erected,  and  to  alter  the  lines  of  any  two  or 
more  adjoining  townships,  so  as  to  suit  the  convenience  of  the 
inhabitants  thereof."  The  method  of  instituting  proceedings 
is  provided  by  section  14.  "Upon  application  by  petition  to  a 
court  of  quarter  sessions  for  the  purpose  of  erecting  a  new 
township  or  altering  the  lines  of  any  township,  or  of  ascertain- 
ing and  establishing  the  lines  or  boundaries  of  any  township 
the  said  court  shall  appoint  three  impartial  men,  if  necessary, 
to  inquire  into  the  propriety  of  granting  the  prayer  of  the  peti- 
tion, and  it  shall  be  the  duty  of  the  commissioners  so  ap- 
pointed, or  any  two  of  them,  to  make  a  plot  or  draft  of  the 
township  proposed  to  be  divided,  and  the  division  line  pro- 
posed to  be  made  therein,  or  of  the  township  to  be  laid  off,  or 
of  the  lines  proposed  to  be  altered  of  two  or  more  adjoining 
townships,  or  of  the  lines  proposed  to  be  ascertained  and  estab- 
lished, as  the  case  may  be,  if  the  same  cannot  be  fully  desig- 
nated by  natural  lines  or  boundaries,  all  of  which  they,  or  any 
two  of  them,  shall  report  to  the  next  court  of  quarter  sessions 
together  with  their  opinion  of  the  same,  and  at  the  term  after 
that  at  which  the  report  shall  be  made,  the  court  shall  make 

4  Com.  vs.  Fullerton,  12  Pa.  266. 

5  Act  April  15,  1834,  P.  L.  537,  Sec.  13,  i  P.  &  L.  Dig.  1014. 


ERECTION  OF  TOWNSHIPS.  5 

such  order  thereupon  as  to  them  shall  appear  just  and  reason- 
able." This  legislation  gives  jurisdiction  to  appoint  commis- 
sioners ;  first,  where  a  new  township  is  to  be  erected ;  second, 
where  the  request  is  to  divide  a  township  already  existing; 
third,  to  alter  the  lines  of  adjoining  townships.^  Its  provisions 
are  to  be  complied  with  in  the  case  of  townships  of  the  first 
class  as  well  as  those  of  the  second  classJ 

The  Petition. 

3.  An  application  to  divide  a  township  should  set  forth  the 
proposed  line,  but  this  need  not  be  by  courses  and  distances,  if 
the  termini  be  given.^  And  the  proceedings  are  not  affected  by 
the  fixing  of  a  point  of  division  in  the  petition,  when  the  court 
directed  the  commissioners  to  inquire  as  to  the  propriety  of  such 
action,  but  failed  to  suggest  that  another  line  might  be 
adopted.^  The  petition  should  set  forth  that  the  township  is 
within  the  county  in  which  the  application  is  made,  so  that 
jurisdiction  may  appear,  but  an  appointment  of  commissioners 
by  the  court  is  an  adjudication  of  the  fact.^^  It  is  proper  to  ask 
that  the  old  township  be  divided  into  two  or  any  greater  num- 
ber of  new  townships.^  ^ 

No  notice  of  the  intended  application  need  be  given.  ^^  Nor 
need  the  petition  be  sworn  to.^^ 

The  Commissioners. 

4.  The  Act  of  1834^^  directs  the  appointment  by  the  court 
of  three  impartial  men,  when  such  shall  be  deemed  necessary. 
Similar  principles  apply  in  the  selection  of  the  commissioners, 

6  Division  Line  of  Clay  Township,  ss  Pa.  366. 

7  Stowe  Twp.  Division,  23  Pa.  Sup.  285. 

8  In  re  Division  of  Upper  Salford  Township,  8  Montg.  31. 

9  Case  of  Maccungie  Township,  3  Rawle  459. 

10  In  re  Boundary  Line  Dallas  Borough,  10  Kulp  64. 

11  Greenwood  Township,  3  Gr.  261. 

12  In  re  Boundary  Line  Dallas  Borough,  10  Kulp  64. 

13  In  re  Boundary  Line  Dallas  Borough,  10  Kulp  64. 

14  Act  April  15  P.  L.  537,  Sec.  14,  i  P.  &  L.  Dig.  1014. 


6  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

or  in  the  objection  to  them,  as  in  the  case  of  road  viewers.  One 
interested  in  the  termination  of  the  proceeding,  such  as  a  peti- 
tioner, or  his  son,  should  not  be  named. ^^*  Nor  are  commis- 
sioners impartial,  who  have  reported  a  line  other  than  that 
prayed  for,  whereupon  a  new  petition  is  presented  to  divide 
according  to  the  new  line,  and  the  same  men  are  appointed  by 
the  court.  ^^ 

A  well  founded  objection  to  the  incompetency  of  any  com- 
missioner, made  prior  to  the  view,  will  be  sustained.^®  But  it 
cannot  be  raised  subsequent  to  the  return.^ '^  Depositions  in 
support  of  such  an  exception  do  not  form  part  of  the  record, 
and  are  not  brought  before  the  appellate  court  by  a  certiorari}^ 

The  Order. 

5.  The  duty  of  the  court  is  to  direct  the  commissioners  to  in- 
quire into  the  propriety  of  granting  the  prayer  of  the  petition. 
There  must  be  an  explicit  direction  to  them  in  accordance  with 
the  express  terms  of  the  Act  of  1834.^^  A  direction  to  divide 
"if  they  see  cause"  is  not  such  an  explicit  direction  as  will  sat- 
isfy the  requirements  of  the  statute.^*^  A  failure  so  to  do  is  a 
fatal  defect,^ ^  and  is  not  cured  by  a  finding  in  the  return  that 
the  division  is  advisable.^^ 

But  an  omission  of  the  clerk  to  direct  an  inquiry  as  to  the 
propriety  of  the  division  in  his  order  to  the  commissioners  will 
not  be  considered  on  review  by  the  appellate  court,  since  it 

14*  Warrington  Township,  5  York  64. 

15  Case  of  Green  Township,  9  W.  &  S.  22. 

16  Warrington  Township,  5  York  64. 

17  Catharine  and  Frankstown  Township,  31   Pa.  303. 

18  Catharine  and  Frankstown  Township,  31  Pa.  303. 

19  In  re  Division  of  Plum  Township,  83  Pa.  73.  Bethel  Township,  i  Pa. 
97.    In  re  Conneaut  Township,  i  Pitts.  470. 

20  Harrison  Township,  5  Pa.  447. 

21  Macungie  Township,  14  S.  &  R.  67. 

22  In  re  Division  of  Plum  Township,  83  Pa.  73 ;  Harrison  Township,  5 
Pa.  447;  Bethel  Township,  i  Pa.  97. 


ERECTION  OF  TOWNSHIPS.  7 

could  have  been  corrected  by  the  court  below  without  prejudice, 
had  the  defect  been  called  to  the  court's  attention.^^ 

A  certified  copy  of  the  order  should  be  given  the  commis- 
sioners, and  not  the  original  papers.^^ 

The  View. 

6.  Notice  of  the  time  and  place  of  holding  the  view  should 
be  given  to  the  inhabitants  affected  in  such  manner  as  may  be 
prescribed  by  rule  of  court.^^  This  is  true  if  the  application  be 
for  the  division  of  the  township,-^  for  the  altering  of  the  line  of 
the  township,^  ^  or  to  fix  the  lines  between  a  borough  and  a  town- 
ship.^^  And  notice  will  not  be  presumed  where  the  report  is 
silent.^^.  If  the  manner  of  notice  be  fixed  by  order  of  court, 
it  must  be  strictly  complied  with.  Thus  a  direction  to  give 
notice  in  an  English  and  a  German  newspaper  for  three  weeks, 
IS  not  complied  with  by  three  successive  insertions  made  within 
less  than  three  weeks  before  the  meeting. ^^ 

A  description  of  the  courses  in  the  hand  bills  as  set  forth 
in  the  petition  is  sufficient.^  ^  And  it  need  not  appear  in  the  re- 
turn at  what  places  the  handbills  were  posted.^^ 

The  ground  itself  should  be  viewed  by  the  commissioners, but 
if  the  report  be  silent  as  to  their  action  in  this  regard,  it  will  be 
presumed  that  such  was  done  from  the  fact  that  a  draft  is  re- 
turned and  a  favorable  opinion  given  as  to  the  propriety  of  the 
division. ^^    This  proceeding  was  based  upon  the  earlier  Act  of 

23  Penn  Township,  8  Pa.  23. 

24  In  re  Division  of  Plum  Township,  83  Pa.  y2)- 

25  Bethel  Township,  i  Pa.  97. 

26  Bethel  Township,  i  Pa.  97. 

27  Norwegian  Township,  20  Pa.  324. 

28  In  re  Boundary  Line  of  Dallas  Borough,  10  Kulp  64. 

29  Norwegian  Township,  20  Pa.  324.  See  In  re  Sewickley  Township, 
33  Pa.  297. 

30  In  re  Division  of  North  Whitehall  Township,  47  Pa.  156. 

31  In  re  Boundary  Line  of  Dallas  Borough,  10  Kulp  64. 

32  Ibid. 

33  Stowe  Township  Division,  23  Pa.  Sup.  285;  Wyalusing  Township, 
2  S.  &  R.  402. 


8  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA, 

1803.  In  proceedings  to  alter  lines,  a  general  view  of  the 
country  sufficient  to  enable  the  commissioners  to  form  an  intel- 
ligent opinion,  is  all  that  is  required. ^^  All  should  be  present 
whenever  they  meet  in  the  performance  of  their  duties.^^  But 
the  court  will  presume  that  such  was  the  case,  though  but  two 
join  in  the  report. ^^  An  opportunity  should  be  given  to  the 
inhabitants  to  present  their  views  as  to  the  propriety  of  the  di- 
vision.^''^ 

The  Return. 

7.  The  commissioners  must  report  at  the  next  court  of  quar- 
ter sessions. ^^  Their  return  may  be  lodged,  however,  with  the 
clerk  before  the  return  day  without  vitiating  the  proceedings.^^ 

Such  return  must  express  the  opinion  of  at  least  two  of  the 
commissioners  as  to  the  propriety  of  granting  the  application,^^ 
And  the  opinion  must  be  explicit.  This  requirement  is  not  com- 
plied with  by  saying  that  it  "ought  to  be  erected  into  a  separ- 
ate township."  ^^  Or  that  it  will  be  a  convenience  to  eight  in- 
habitants, instead  of  a  convenience  to  the  inhabitants  of  the 
township.^^  But  the  appellate  court  will  not  reverse  for  this 
reason  where  no  objection  was  made  in  the  court  below,  the 
commissioners  having  reported  in  favor  of  an  alteration.'*^  In 
a  similar  proceeding  for  the  annexation  to  a  school  district,  it 
was  held  that  a  return  showing  that  a  view  had  been  held,  and 
that  the  commissioners  were  of  the  opinion  that  the  lands 

34  Exeter  and  Northmoreland  Township  Line,  8  Pa.  C.  C.  524,  s.  c.  7 
Lane.  L.  R.  293. 

35  In  re  Washington  and  Warrington  Twp.,  i  York  180. 
Z6  In  re  Windsor  Township,  9  Watts  248. 

37  Stowe  Township  Division,  23  Pa.  Sup.  285. 

38  Act  April  IS,  1834,  P.  L.  537,  Sec.  14  i  P.  &  L.  Dig.  1014. 

39  In  re  Division  of  Upper  Salford  Township,  8  Montg.  31. 

40  Plymouth  Township,  5  Kulp  211 ;  In  re  Macungie  Township,  14  S.  & 
R.  67. 

41  Limestone  Township,  11  Pa.  270. 

42  Rockdale  and  Richmond  Townships  Line,  23  Pa.  C.  C.  170. 

43  Norwegian  Township,  20  Pa.  324. 


ERECTION  OF  TOWNSHIPS.  9 

should  be  annexed,  was  sufficient  though  no  distinct  averment 
was  made  that  an  inquiry  was  held  into  the  propriety  of  so 
doing.^^ 

The  commissioners  may  adopt  the  line  set  forth  in  the  peti- 
tion,^^  It  has  been  held  that  they  need  not  do  so,  for  they 
have  an  act  of  judgment  to  perform,  and  may  make  such  di- 
vision as  they  deem  best  for  the  interest  of  the  inhabitants.^^ 
But  in  In  re  Green  township,^^  where  the  court  was  asked  to 
divide  as  prayed  for  in  the  petition,  it  was  held  that  a  different 
line  could  not  be  selected  by  the  commissioners.  And  this  rul- 
ing has  been  subsequently  approved. ^^  If  one  terminus  is 
clearly  fixed,  and  the  other  may  be  determined  by  the  courses 
and  distances  appearing  by  the  report,  and  draft  accompanying, 
it  will  be  sufficient.^®  A  direction  to  take  the  most  direct  route 
does  not  mean  the  shortest  line  between  two  points. ^"^ 

The  Map. 

8.  The  Act  of  1834  directs  that  the  commissioners  or  any 
two  of  them,  shall  make  a  plot  or  draft  of  the  township  pro- 
posed to  be  divided,  and  the  division  line  proposed  to  be  made 
therein,  or  of  the  township  proposed  to  be  laid  off,  or  of  the 
lines  to  be  altered  of  two  or  more  adjoining  townships,  or  of  the 
lines  proposed  to  be  ascertained  or  established,  as  the  case  may 
be,  if  the  same  cannot  be  fully  designated  by  natural  lines  or 
boundaries.^  ^ 

Where  it  is  intended  to  erect  a  new  township  out  of  those 
existing  the  report  of  the  commissioners  must  be  accompanied 
by  a  draft  showing  the  new  township,  as  well  as  the  lines  of  the 

44  Annexation  to  Elk  Twp.  School  District,  146  Pa.  i. 

45  In  re  Maccungie  Township,  3  Rawle  459. 

46  Paradise  Township,  4  Leg.  Gaz.  382. 

47  In  re  Green  Township  g  W.  &  S.  22. 

48  Stowe  Township  Division,  23  Pa.  Sup.  285. 

49  In  re  Division  of  Upper  Salford  Township,  8  Montg.  Co.  31. 

50  In  re  Paradise  Twp.,  4  Leg.  Gaz.  382. 

51  Act  April  IS,  1834,  P.  L.  S37,  Sec.  14.     i  P.  &  L.  Dig.  1014. 


lO  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

townships  from  which  it  is  taken,  as  changed.^^  If,  however, 
a  mere  division  of  an  existing  township  is  made,  it  is  sufficient 
to  give  the  Hnes  of  the  old  township,  with  the  new  division 
line.^^ 

Where  the  report  favors  the  alteration  of  boundaries  the  map 
should  designate  the  alterations  of  the  lines  of  the  existing 
townships.^^  A  draft  of  the  whole  township  need  not  appear 
in  such  case.^^ 

The  plot  is  filed  with  the  report  and  becomes  a  part  of  it 
and  of  the  record.^®  Courses  and  distances  marked  thereon  are 
not  indispensable.  Natural  boundaries  may  supply  their 
place.^'^  In  case  all  of  the  lines  can  be  described  by  natural 
boundaries,  no  map  is  required. ^^  A  plot  adopted  by  former 
viewers,  whose  report  has  been  set  aside  because  of  irregulari- 
ties, may  be  referred  to  and  adopted  by  subsequent  viewers.^^ 
Though  the  termini  should  be  fixed,  yet  if  one  terminus  be 
clearly  designated,  and  the  second  can  be  determined  b}''  the 
courses  and  distances  given,  it  will  be  sufficient.^^ 

Exceptions. 

9.  Inhabitants  who  oppose  the  action  recommended  by  the 
commissioners  may  except  to  the  return  as  filed,  and  it  has 
been  held  proper  to  file  additional  exceptions  pending  the  dis- 
position of  those  already  filed. ^^    Defects,  not  called  to  the  at- 

52  Harrison  Township,  5  Pa.  447;  Wyalusing  Twp.,  2  S.  &  R.  402, 
Under  the  Act  of  1803. 

53  Harrison  Twp.,  5  Pa.  447;  In  re  Conneaut  Township,  i  Pitts.  470; 
In  re  Henderson  and  West  Townships,  2  Watts  269 — under  Act  of  1803,  dis- 
tinguishing Wyalusing  Township,  2  S.  &  R.  402. 

54  Wetmore  Township,  68  Pa.  340. 

55  In  re  Catharine  and  Frankstown  Township,  31   Pa.  303. 

56  Wetmore  Township,  68  Pa.  340. 

57  In  re  Conneaut  Twp.,  i  Pitts.  470. 

58  Wetmore  Township,  68  Pa.  340. 

59  In  re  Harrison  Township,  5  Pa.  447. 

60  In  re  Upper  Salford  Township,  8  Montg.  31. 

61  Rockdale  and  Richmond  Townships  Line,  23  Pa.  C.  C.  170. 


ERECTION  OF  TOWNSHIPS.  II 

tention  of  the  court  below,  will  not  be  considered  by  the  appel- 
late court,  except  the  want  of  jurisdiction,  which  may  be  taken 
advantage  of  at  any  time.®^  If  the  court  determines  the  ob- 
jections to  be  well  taken,  it  has  power  to  recommit  the  report 
to  the  same  commissioners  or  set  it  aside  and  appoint  a  new 
view.®^ 

But  there  is  no  authorization  by  the  Act  of  1834  for  the  ap- 
pointment of  commissioners  to  run,  review  and  locate  a  line 
fixed  by  commissioners,  because  the  location  is  not  what  the 
petitioners  desired.  And  though  the  report  of  the  reviewers 
be  absolutely  confirmed,  the  whole  proceeding  is  void.^*  If 
no  exceptions  be  filed,  or  if  such  as  have  been  are  overruled,  the 
court  may  confirm  the  return  of  the  commissioners  absolutely. 
In  so  doing,  however,  it  has  no  power  to  alter  the  lines  as  fixed 
in  the  return  filed. ®^ 

Review. 

10.  By  supplementary  legislation  provision  was  made  for  a 
review  after  confirmation.  "In  all  cases  of  proceedings  under 
the  14th  section  of  the  act  to  which  this  is  a  supplement.®'^  for 
any  of  the  purposes  therein  mentioned,  the  respective  court  shall 
direct  a  second  commission  or  review,  for  the  same  purposes,  on 
a  petition  of  a  majority  of  the  voters  of  the  township  or  town^ 
ships  affected  by  said  proceedings;  provided  that  such  petition 
shall  be  presented  to  the  court  at  or  before  the  second  term 
thereof,  after  the  final  confirmation  of  the  report  or  the  first 
commission  or  review.®''^ 

Discussing  this  legislation,  Lowrie,  C.  J.,  says :  "It  is  so  con- 

62  Stowe  Twp.  Division,  2^  Pa.  Sup.  285. 

63  Wetmore  Township,  68  Pa.  340. 

64  Plunkett's  Creek  Twp.,  148  Pa.  299. 

65  Wetmore  Twp.,  68  Pa.  340;  following  Green  Twp.,  g  W.  &  S.  22  and 
overruling  Warwick  Twp.,  18  Pa.  372;  See  also  Stowe  Twp.  Division,  23 
Pa.  Sup.  285 ;  In  re  Conneaut  Twp.,  i  Pitts.  470. 

66  That  of  April  15,  1834,  i  P.  &  L.  Dig.  1014. 

67  Act  April  26,  1854,  P.  L-  489,  Sec.  i,  i  P.  &  L.  Dig.  1016. 


12  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

trary  to  the  ordinary  course  of  all  regular  judicial  business, 
that  reviewers  should  be  appointed  two  terms  after  the  proceed- 
ings for  the  division  of  a  township  have  been  legally  con- 
firmed, and  perhaps  after  the  township  has  been  fully  organ- 
ized, it  is  impossible  to  avoid  thinking  that  the  Act  26th  April, 
1854,  P.  L.  489,  was  slipped  through  the  forms  of  legislation 
without  being  noticed.  Its  very  strangeness  would  require 
that  is  should  be  narrowly  watched  in  practice."  ^® 

On  review  the  commissioners  are  not  confined  to  the  approval 
or  rejection  of  the  line  first  laid  out.^® 

68  In  re  Division  of  Juniata  Township,  31  Pa.  301. 

69  Exeter  and  Northmoreland  Twp.  Line,  8  Pa.  C.  C.  524,  s.  c.  7  Lane. 
Law  Rev.  293.  1 


CHAPTER  11. 

ERECTION  OF  TOWNSHIPS. — CONTINUED. 

SECTION  SECTION 

11.  Election.  15.  Ascertaining  boundaries. 

12.  In  case  of  division.  16.  Adjusting  river  boundary. 

13.  In  erection  of  new  township.  17.  Altering  lines. 

14.  Division  by  new  county  line. 

Election. 

II.  Prior  to  the  Acts  of  1857/  which  did  not  apply  to 
reports  confirmed  nisi  prior  to  the  date  of  their  passage,^ 
the  power  of  revision  of  the  acts  of  the  commissioners,  was 
vested  in  the  court.  In  that  year  a  vote  of  the  people  was  sub- 
stituted. This  legislation  is  supplementary  to  that  of  1834.^ 
And  the  potency  of  the  vote  depends  on  compliance  with  the 
provisions  of  the  act.^  It  is  to  be  noticed  that  the  Act  of 
March  14,  1857,^  is  to  be  invoked  where  the  question  submitted 
is  the  division  of  a  township,  and  that  of  April  15,  1857,® 
where  it  is  proposed  to  erect  a  new  township. ''^  The  order  of 
the  court  referring  the  matter  should  specify  which  question  is 
to  be  voted  on,  since  the  form  of  ballot  required  by  the  two  acts 
is  different.^  But  neither  of  these  acts  applies  to  a  proceeding 
to  alter  the  lines  of  two  or  more  adjoining  townships,  and  a 

1  Acts  of  March  14,  1857,  i  P.  L.  93,  i  P.  &  L.  Dig.  1016,  and  April  15, 
1857,  P.  L.  304,  I  P.  &  L.  Dig.  1017. 

2  In  re  Alba  Township,  35  Pa.  271 ;  In  re  Juniata  Twp.,  31  Pa.  301. 

3  Greenwood  Twp.,  3  Gr.  261. 

4  In  re  Conneaut  Township,  i  Pitts.  470. 

5  Act  March  14,  1857,  P.  L.  93,  i  P.  &  L.  Dig.  1016. 

6  Act  April  15,  1857,  P.  L.  304,  i  P.  &  L.  Dig.  1017. 

7  Ryon  Twp.,  i  Walker  137. 

8  Ryon  Twp.  supra. 

13 


14  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

proceeding  to  annex  a  small  portion  of  two  adjoining  town- 
ships to  another,  is  one  for  the  alteration  of  lines,  though 
called  one  of  annexation.® 

Legislation  such  as  here  provided  is  not  unconstitutional  as 
delegating  the  law-making  power.  Nor  prior  to  1874  were 
special  acts  allowing  a  vote  of  the  inhabitants  to  pass  upon  di- 
vision or  annexation.^'' 

In  Case  of  Division. 

12.  Section  one  of  the  Act  of  March  14,  1857,^^  makes  it 
the  duty  of  the  court  of  quarter  sessions,  where  a  return  is  made 
favorable  to  a  division,  to  order  a  vote  of  the  qualified  elec- 
tors of  the  said  township.  The  order  may  be  made  after  ex- 
ceptions to  the  report  have  been  dismissed.^  ^  The  court  has  no 
power  to  confirm  the  report  absolutely  without  referring  the 
matter  to  a  popular  vote.^^ 

By  the  second  section  it  is  made  the  duty  of  the  court  to  fix 
the  day  on  which  the  election  officers  shall  hold  the  election  at 
the  place  fixed  by  law  for  holding  township  elections.  Notice 
thereof  is  to  be  given  by  the  constable,  or,  if  none,  by  one  of 
the  supervisors,  for  at  least  fifteen  days  by  posting  not  less  than 
six  written  or  printed  handbills  in  the  most  public  places  in 
the  said  township. 

The  form  of  ballot  is  fixed  by  the  third  section,  the  direction 
being  to  print  on  the  outside  the  word  "division,"  and  on  the 
inside  the  words  "for  division"  and  "against  division."  The 
proper  registry  list  to  be  used  at  an  election  for  division  in 
August  is  one  made  in  the  same  year  prior  to  the  February 
election  under  the  Act  of  May  29,  1891.    The  failure  to  use  a 

9  In  re  Gay  etc.  Twps.,  33  Pa.  366. 

10  Com.  vs.  Judges,  8  Pa.  391 ;  Smith  vs.  McCarthy,  56  Pa.  359. 

11  Act  March  14,  1857,  P.  L.  93,  i  P.  &  L.  Dig.  1016. 

12  In  re  Upper  Salford  Twp.,  8  Montg.  31. 

13  In  re  North  Whitehall  Twp.,  47  Pa.  156. 


ERECTION  OF  TOWNSHIPS.  1 5 

list  or  the  use  of  a  list  prepared  during  the  year  before  is  ground 
for  setting  the  election  aside.^* 

A  return  of  the  election  by  the  officers  who  have  conducted 
it,  is  to  be  made  to  the  clerk  of  the  court  of  quarter  sessions 
within  five  days.  But  this  provision  for  return  is  merely  di- 
rectory, and  a  failure  to  do  so  within  the  time  fixed  will  not  in- 
validate the  proceedings.^^  The  clerk  of  the  court  shall  lay  the 
returns  filed  before  the  court  at  its  next  sessions,  and  if  it  shall 
appear  that  a  majority  of  the  votes  so  taken  are  "for  a  division" 
the  said  court  shall  thereupon  order  and  decree  a  division  of  the 
said  township,  agreeably  to  the  lines  marked  out  and  returned 
by  the  commissioners.  But  if  a  majority  of  votes  have  been 
"against  a  division"  no  further  action  shall  be  had  upon  said 
proceedings.^*^  The  result  of  the  election  is  conclusive  and  the 
power  of  the  court  is  taken  away.^'^  But  the  potency  of  a  favor- 
able vote  depends  on  the  compliance  with  all  the  requirements 
of  the  Act  of  1834.^^ 

In  Erection  of  New  Township. 

13.  In  proceedings  to  erect  a  new  township  out  of  parts  of 
two  or  more  townships  the  court  will  order,  after  a  favorable 
return  by  the  commissioners  "a  vote  of  the  qualified  electors  of 
the  township  from  which  the  largest  number  of  taxables  to  be 
embraced  in  the  proposed  new  township  is  to  be  taken,  and  also 
of  the  qualified  electors  outside  of  such  township,  residing 
within  the  bounds  of  the  proposed  new  township,  to  be  taken  on 
the  question  of  the  erection  of  a  new  township."  ^^  As  in  the 
case  of  a  division  of  a  township,  notice  is  to  be  given  by  the 
constable,  or  by  a  supervisor  or  road  commissioner,  if  there  be 
no  constable,  of  the  time  and  place  of  holding  the  election,  at 

14  Plum  Twp.,  Division  of,  32  Pitts.  L.  J.  208. 

15  In  re  Conneaut  Twp.,  i  Pitts.  470. 

16  Act  March  14,  1857,  P.  L.  93,  Sec.  4,  i  P.  &  L.  Dig.  1017. 

17  Kugler's  Appeal,  55  Pa.  123. 

18  In  re  Conneaut  Township,  i  Pitts.  470. 

19  Act  April  15,  1857,  P.  L.  304,  Sec.  i,  i  P.  &  L.  Dig.  1017. 


l6  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

least  15  days  prior  to  the  date  fixed,  by  posting  not  less  than 
six  written  or  printed  hand  bills  in  the  most  public  places  in 
each  of  the  townships  which  are  to  be  divided  by  the  forma- 
tion of  the  new  township.  The  election  is  to  be  conducted  by 
the  officers  "of  the  township  from  which  the  largest  number  of 
taxables  to  be  embraced  in  the  proposed  new  township  is  to  be 
taken."  ^o 

The  ballots  shall  have  written  or  printed  upon  the  outside 
thereof  the  words,  "new  township,"  and  on  the  inside  the  words 
"for  a  new  township,"  or  "against  a  new  township."  ^^  A  re- 
turn of  the  election  to  the  clerk  of  the  court  of  quarter  sessions 
is  required  within  five  days.  At  the  next  court  this  return  shall 
be  presented,  and,  if  favorable,  the  new  township  shall  be  or- 
dered agreeably  to  the  lines  marked  out  and  returned.  But  if 
it  be  adverse,  then  no  further  proceedings  shall  be  had  upon 
s?id  proceedings.^^ 

Division  by  New  County  Line. 

14.  Provision  has  been  made  for  the  erection  of  new  town- 
ships, where  such  as  had  before  existed  are  divided  into  parts 
by  the  laying  out  of  new  counties.  The  court  of  quarter  ses- 
sions is  given  jurisdiction  upon  petition  "of  at  least  twelve 
freeholders  resident  in  the  territory  mentioned  or  described 
in  said  petition,  to  appoint  three  impartial  men  to  inquire  into 
the  propriety  of  erecting  the  new  township.  The  commission- 
ers, or  a  majority  of  them,  after  being  duly  sworn  to  discharge 
their  duties  with  fidelity,  and  after  giving  the  same  notice  as  is 
required  in  case  of  road  views,  are  directed  to  view  the  town- 
ships mentioned  in  the  petition,  and  if  in  their  opinion,  or  in 
the  opinion  of  a  majority  of  them,  a  new  township  of  con- 
venient size  and  number  of  inhabitants  can  be  erected,  either 
by  consolidating  two  or  more  of  the  parts  of  said  townships 

20  Act  April  IS,  1857,  p.  L.  304,  Sec.  2,  i  P.  &  L.  Dig.  1017. 

21  Act  April  IS,  i8s7,  P.  L.  304,  Sec.  3,  i  P.  &  L.  Dig.  1017. 

22  Act  April  IS,  i8s7,  P-  L.  304,  Sec.  4,  i  P.  &  L.  Dig.  1017. 


ERECTION  OF  TOWNSHIPS.  I7 

remaining  in  the  said  county  in  which  these  proceedings  may 
be  instituted  after  the  division  of  the  same,  or  by  annexing  one 
or  more  of  said  remaining  parts  of  townships  to  any  adjoining 
township,  or  by  uniting  any  one  or  more  of  said  remaining 
parts  of  townships  with  any  part  of  any  township  not  cut  by  the 
new  county  hne,  but  adjoining  any  one  of  the  said  several  town- 
ships, they  shall  make  a  plot  or  draft  of  the  territory,  which  in 
their  opinion  should  be  included  in  the  new  township,  all  of 
which  they,  or  a  majority  of  them,  shall  report  to  the  next 
court  of  quarter  sessions  of  said  county,  together  with  their 
opinion  of  the  same."  If  the  report  be  favorable,  it  is  to  be  con- 
firmed nisi,  and  a  special  election  ordered  to  be  participated  in 
by  the  qualified  voters  residing  within  the  territory  to  be 
erected  into  a  new  township  according  to  the  draft  of  the  com- 
missioners, at  a  time  and  place  to  be  fixed  by  the  court,  not 
more  than  60  days  from  the  confirmation  nisi,  and  at  the  most 
convenient  place  within  said  territory,  for  the  purpose  of  vot- 
ing upon  the  question.  In  case  a  majority  of  the  votes  favor 
the  formation  of  the  new  township,  the  court,  or  the  president 
judge  thereof  in  vacation,  shall  order  the  same  to  be  erected 
and  established  in  accordance  with  the  report  of  the  commis- 
sioners, and  shall  name  the  same,  and  shall  appoint  such  town- 
ship officers  as  shall  be  necessary  to  conduct  the  affairs  of  said 
township  until  the  next  general  election  of  township  officers, 
which  shall  occur  more  than  three  months  after  the  said  order 
establishing  said  new  township  has  been  made.^^ 

The  election  already  noted  is  to  be  conducted  by  officers  ap- 
pointed for  the  purpose  by  the  court,  their  compensation  being 
fixed  by  it.  Notice  of  the  time  and  place  fixed  for  holding  the 
same  shall  be  given  for  three  successive  weeks  in  at  least  two 
newspapers  published  in  said  county,  and  by  at  least  five  hand 
bills  posted  for  at  least  ten  days  prior  to  said  election  in  con- 
spicuous places  within  the  territory  proposed  to  be  embraced  in 

23  Act  May  13,  1879,  P.  L.  52,  Sec.  i,  i  P.  &  L.  Dig.  1019. 


l8  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

the  new  township.    A  return  of  the  election  held  is  to  be  made 
forthwith  to  the  clerk  of  the  court  of  quarter  sessions.^* 

"In  case  there  shall  be  included  in  the  draft  returned  by  the 
commissioners  any  part  of  a  township  which  has  not  been  sev- 
ered by  the  new  county  line,  it  shall  be  the  duty  of  the  commis- 
sioners to  include  in  their  report  an  estimate  of  the  number  of 
taxables  and  the  number  of  square  miles  which  would  still  re- 
main in  such  township  after  the  said  part  shall  have  been  taken 
out,  and  to  further  certify  to  said  court  that  in  their  opinion, 
or  in  the  opinion  of  a  majority  of  them,  the  said  part  can  be 
taken  from  said  township  without  serious  injury  to  the  remain- 
ing part  of  said  township,"  ^^ 

Ascertaining  Boundaries. 

15.  The  Act  of  1834  gave  jurisdiction  to  the  court  of  quarter 
sessions  "to  cause  the  lines  or  boundaries  of  townships  to  be 
ascertained  and  established."  ^®  Proceedings  are  to  be  insti- 
tuted and  carried  on  in  the  same  manner  as  already  noticed 
for  the  division  and  erection  of  townships,  though  no  election 
follows  the  return  of  the  commissioners.  In  such  case  it  is  the 
duty  of  the  viewers  to  inquire  respecting  the  old  line  and  where 
defined  to  return  it.  They  have  no  power  to  run  an  arbitrary 
straight  line.^^  Reputation  and  hearsay  evidence  is  admissible 
to  determine  the  true  boundary.^^  A  return  of  commissioners 
appointed  to  "run,  review  and  locate"  a  line,  though  confirmed, 
will  not  prevent  the  appointment  of  commissioners  to  ascer- 
tain the  boundaries,  since  no  authority  for  such  a  proceeding 
is  given  by  the  Act  of  1834,  or  any  other  legislation.^® 

24  Act  May  13,  1879,  P.  L.  52,  Sec.  2,  i  P.  &  L.  Dig.  1019. 

25  Act  May  13,  1879,  P-  L-  53,  Sec.  3,  i  P.  &  L.  Dig.  1019. 

26  Act  April  15,  1834,  P.  L.  537,  Sec.  13,  i  P.  &  L.  Dig.  1014. 

27  In  re  Line  Between  Salisbury,  etc.,  Twps.,  4  Lane.  L.  R.  269,  where 
the  line  was  moved  one-half  mile  south.     Recommitted. 

28  In  re  Line  Between  Salisbury,  etc.,  Twps.,  4  Lane.  L.  R.  269;  Nieman 
vs.  Ward,  i  W.  &  S.  68. 

29  In  re  Plunkett's  Creek  Twp.,  148  Pa.  299. 


ERECTION  OF  TOWNSHIPS.  I9 

By  the  Act  of  June  3,  1893,^^  provision  is  made  for  the  as- 
certaining of  disputed  boundaries  between  townships,  boroughs 
and  townships,  and  cities  and  townships.  The  court  of  quarter 
sessions  upon  application  by  petition  is  directed  to  "appoint 
three  impartial  men,  one  of  whom  shall  be  a  competent  sur- 
veyor, who,  after  having  given  notice  as  directed  by  court,  shall 
view  the  said  lines  or  boundaries,  and  it  shall  be  the  duty  of  the 
said  commissioners  so  appointed,  or  any  two  of  them,  to  make 
a  draft  or  plot  of  the  lines  proposed  to  be  ascertained  or  estab- 
lished if  the  same  cannot  be  designated  by  natural  lines  or  boun- 
daries, all  of  which,  they,  or  any  two  of  them,  shall  report  to 
the  next  court  of  quarter  sessions  together  with  their  opinion  of 
the  same,  and  at  the  term  after  that  at  which  the  report  shall  be 
made  the  court  shall  make  such  order  thereupon  as  to  it  shall 
appear  just  and  reasonable :  Provided,  that  upon  petition  a  re- 
view may  be  ordered  by  said  court,  and  Provided  further.  That 
an  appeal  may  be  taken  from  the  decision  of  said  commission- 
ers of  view  or  review,  and  the  question  of  fact  in  dispute  de- 
termined by  a  feigned  issue  to  be  framed  by  the  court  after  the 
manner  of  framing  feigned  issues  under  existing  laws  to  be  cer- 
tified to  the  court  of  common  pleas  of  the  proper  county." 

The  appointment  of  viewers  upon  such  a  petition  is  an  ad- 
judication that  the  line  is  within  the  county  over  which  the 
court  has  jurisdiction.^^  The  petition  need  not  be  sworn  to, 
nor  is  it  necessary  that  notice  of  the  intended  application  be 
given.  Notice  of  the  line  to  be  viewed  must  be  given, 
but  it  is  sufficiently  described  in  the  hand  bills  if  the 
language  of  the  petition  is  used.  The  report  of  the  commis- 
sioners need  not  set  forth  the  places  at  which  the  hand  bills 
Vi^ere  posted.  ^^ 

The  third  section  provides  for  the  payment  by  the  county 
of  five  dollars  per  day  and  mileage  to  the  surveyor,  and  three 

30  Act  June  3,  1893,  P.  L.  284,  i  P.  &  L.  Dig.  369. 

31  In  re  Dallas  Boundary  Line,  10  Kulp  64. 

32  In  re  Dallas  Boundary  Line,  10  Kulp  64. 

2 


20  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

dollars  per  day  and  mileage  to  the  commissioners.    No  allow- 
ance is  to  be  made  for  chainmen  or  axemen.^^ 

When  the  line  is  finally  established  the  court  shall  cause  the 
same  to  be  marked  with  stone  monuments,  to  be  placed  at  inter- 
vals not  exceeding  fifteen  hundred  feet  from  each  other,  the 
expense  thereof  to  be  reasonable,  and  to  be  first  approved  by  the 
court  and  to  be  borne  equally  by  the  municipalities  interested, 
and  the  court  shall  compel  the  payment  of  the  same  according 
to  law.^^ 

Adjusting  Biver  Boundary. 

1 6.  The  Act  of  May  24,  1887,^^  provides  that  whenever  any 
township,  borough  or  city  is  bounded  by  the  nearest  margin  of 
any  navigable  stream  of  this  Commonwealth,  and  the  opposite 
township,  borough  or  city,  as  the  case  may  be,  is  also  bounded 
by  the  margin  of  the  same  stream,  the  middle  of  such  stream 
shall  be  deemed  and  taken  to  be  the  boundary  between  such 
townships,  boroughs,  or  cities,  as  the  case  may  be. 

Altering  Lines. 

17.  The  Act  of  1834  ^^  made  provision  for  altering  the  lines 
of  townships  by  the  same  procedure  as  required  for  the  erec- 
tion and  division  of  townships.  It  is  to  be  noticed,  however, 
that  no  provision  is  made  for  submission  to  a  popular  vote,  but 
the  approval  of  the  return  remains  in  the  control  of  the  court.^'' 

Notice  should  be  given  by  the  commissioners  to  the  inhabi- 
tants of  the  township  to  which  part  of  the  territory  is  pro- 
posed to  be  added,  and,  if  the  report  is  silent,  it  will  not  be  pre- 
sumed that  such  was  done.^^    On  review  the  commissioners  are 

33  Carbondale  Twp.'s  Petition,  2  Lack.  L.  N.  109. 

34  Act  June  3,  1893,  P.  L.  284,  Sec.  4,  i  P.  &  L.  Dig.  370. 

35  Act  May  24,  1887,  P.  L.  203,  i  P.  &  L.  Dig.  996. 

36  Act  of  1834,  P-  L-  537,  Sees.  13,  14,  i  P.  &  L.  Dig.  1014. 
Z7  In  re  Clay,  etc.,  Townships,  zz  Pa.  366. 

38  In  re  Norwegian  Township,  20  Pa.  324. 


ERECTION  OF  TOWNSHIPS.  21 

not  limited  to  the  approval  or  rejection  of  the  line  first  sug- 
gested.^^ 

Special  provision  has  been  made  for  cases  where,  by  reason 
of  natural  or  artificial  obstructions  or  causes,  any  part  of  a 
township  is  or  shall  be  divided  or  cut  off  from  the  main  portion 
of  such  township,  or  where  such  part  is  so  located  that  ac- 
cess to  the  main  portion  thereof  can  only  be  had  by  passing 
through  some  other  township  or  borough,  and  where  it  shall 
be  for  the  best  interests  of  any  township  so  cut  off  or  located, 
and  of  the  inhabitants  thereof,  that  such  part  should  be  stricken 
off  from  the  township  or  borough  of  which  it  is  a  part  and  be 
annexed  to  some  adjoining  township  or  borough.^^  On  pre- 
sentation of  a  petition  signed  by  not  less  than  two-thirds  of  the 
inhabitants  and  the  owners  of  not  less  than  two-thirds  in  value, 
as  shown  by  the  last  assessment  for  county  taxation  of  the  real 
property  situate  in  such  part  of  any  township,  the  court  of 
quarter  sessions  may  decree  such  alterations  of  the  boundaries 
of  such  township  as  may  be  affected  thereby  as  shall  be  for  the 
best  interests  of  such  part  of  any  township  so  cut  off  or  lo- 
cated as  aforesaid.  When  the  petition  is  presented  the  court 
shall  direct  notice  to  be  given  to  the  supervisors  and  town  coun- 
cils of  such  townships  and  boroughs  as  shall  be  affected  by  such 
change,  and  fix  a  day  for  hearing  such  matter,  and  after  hear- 
ing all  parties  in  interest,  the  court  shall  make  such  decree 
as  to  the  court  shall  seem  meet  and  proper.  In  case  the  alteration 
is  decreed,  an  auditor  must  be  appointed  for  the  purpose  of  ad- 
justing the  indebtedness. 

39  Exeter  and  Northmoreland  Twp.  Line,  8  Pa.  C.  C.  524,  s.  c.  7  Lane. 
L.  R.  293. 

40  Act  May  11,  1901,  P.  L.  177,  4  P.  &  L.  Dig.  655. 


CHAPTER  III. 

ADJUSTMENT  OF  INDEBTEDNESS. 

SECTION  SECTION 

i8.  Where  townships  are  divided.  23.  Annexation  to  cities  of  third 

19.  Where  a  borough  erected  from.  class. 

20.  Where     borough     limits     are  24.  Where  new  township  caused  by 

changed.  new  county  line. 

21.  Where    township    annexed    to  25.  Where  boundary  altered. 

city  of  the  second  class.  26.  Effect  of  division  of  township. 

22.  Where    township    annexed    to 

city. 

Where  Townships  Are  Divided. 

18.  "Whenever  a  new  township  has  been  or  may  hereafter 
be,  erected,  whether  by  a  division  of  one  township,  or  by  unit- 
ing parts  of  two,  or  more,  adjoining  townships,  and  whenever 
a  borough  has  been,  or  may  hereafter  be,  erected  out  of  any 
township  or  parts  of  adjoining  townships,  the  court  of  common 
pleas  of  the  proper  county,  sitting  in  equity,  shall  have  power, 
upon  the  application  of  the  proper  authorities,  of  said  borough, 
township  or  townships,  or  either  of  them,  by  suit,  or  suits,  in 
equity,  to  adjust  all  matters  of  indebtedness,  between  the  said 
old  township,  or  townships  and  the  said  new  township,  or  bor- 
ough; and  in  the  execution  of  any  decree,  in  any  such  suit  or 
suits,  the  proper  officers  of  the  townships,  liable  to  pay,  shall 
have  power  to  levy  separate  rates  of  taxation,  if  necessary,  on 
the  said  parts  of  townships  so  erected  into  one."  ^  This  legisla- 
tive provision  repealed  the  first  section  of  the  Act  of  May  i, 
1861.^     By  the  second  section  of  this  act,  it  was  directed  that 


1  Act  April  12,  1866,  P.  L.  109,  i  P.  &  L.  Dig.  1018. 

2  Act  May  i,  1861,  P.  L.  539,  i  P.  &  L.  Dig.  1019. 


ADJUSTMENT  OF  INDEBTEDNESS.  23 

similar  proceedings  be  liad  in  case  of  the  division  of  any  town- 
ship, or  upon  a  change  of  the  boundaries  of  any  township  or 
townships.^ 

Where  a  Borough.  Erected  From. 

19.  The  General  Borough  Act  of  1851,^  provided  for  the 
payment  by  the  borough  erected  from  a  township  of  its  just 
proportion  of  the  indebtedness.  By  the  Act  of  June  12,  1878,^ 
provision  was  made  for  the  sharing  of  liabilities,  where  the 
borough  was  erected  out  of  a  township,  the  proportion  to  be 
ascertained  by  reference  to  the  assessment  of  said  township 
or  townships  for  the  year  in  which  said  borough  was  incorpor- 
ated. By  the  second  and  ninth  sections  of  this  act,  similar  pro- 
vision was  made  for  the  case  of  the  borough  into  which  a  town- 
ship shall  merge.  By  the  subsequent  sections  the  method  of  as- 
certainment and  apportionment  is  provided.  The  court  of  com- 
mon pleas  sitting  in  equity  is  given  jurisdiction  upon  the  appli- 
cation of  one  or  more  creditors,  or  of  the  proper  authorities  of 
any  said  township  or  borough  by  a  suit  or  suits  in  equity,  to  as- 
certain the  indebtedness  of  said  township  or  townships,  includ- 
ing judgments  against  the  same  at  the  time  of  the  incorporation 
of  each  of  said  boroughs,  respectively,  and  to  equitably  appor- 
tion said  indebtedness  which  each  shall  pay.  In  making  said 
adjustment,  reference  shall  be  had  to  the  time  of  incorpora- 
tion of  such  borough,  and  to  the  debts  then  existing,  whether 
since  paid  or  not,  and  also  to  the  several  amounts  of  township 
taxes,  then  unexpended ;  and  the  said  adjustment  shall  be  based 
upon  the  assessment  of  said  township  or  townships,  for  the 
year  in  which  such  borough  was  incorporated,  provided  that  in 
ascertaining  said  indebtedness,  neither  pending  actions  nor 
claims  against  said  township  or  townships  founded  on  tort  shall 

3  For  the  payment  of  taxes  due  from  the  county  after  division,  but  ac- 
cruing before,  see  Barnett  Twp.  vs.  Jefferson  Co.,  9  Watts  166. 

4  Act  April  3,  1851,  P.  L.  320,  Sec.  24,  i  P.  &  L.  Dig.  380. 

5  Act  June  12,  1878,  P.  L.  184,  i  P.  &  L.  Dig.  381. 


24  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

be  included  unless  the  same  shall  in  the  meantime  have  been 
prosecuted  to  final  judgment. 

By  the  fourth  section  the  court  is  directed  to  give  three 
months'  public  notice  to  those  having  claims,  founded  on  tort 
as  aforesaid,  to  present  the  same,  on  or  before  the  day  named 
therein,  said  notice  to  be  published  in  not  less  than  two  news- 
papers within  the  proper  county,  if  such  exist,  or  in  one  news- 
paper, if  there  be  no  other,  and  in  such  further  manner  as  may 
be  directed  by  the  court. 

The  court  is  given  power  to  make  such  decrees,  as  may  be 
necessary  to  enforce  the  payment  of  said  indebtedness,  and  to 
appoint  a  receiver  to  receive  the  money  due,  as  well  as  any 
special  tax  which  may  be  collected.^  Since  the  court  of  equity 
has  jurisdiction,  and  power  to  enforce  its  orders,  the  court  of 
common  pleas  will  not  compel  payment  by  mandamus.''^ 

"Each  borough  in  any  of  the  cases  aforesaid  shall  be  credited 
with  the  proper  share  of  such  indebtedness,  due  to  said  town- 
ship or  townships  at  the  time  of  incorporation  of  such  borough 
as  shall  have  since  been  collected,  and  shall  likewise  be  credited 
with  its  proper  share  of  any  unappropriated  balance  in  the 
treasury  of  the  said  township  or  townships,  at  the  end  of  the 
current  year  during  which  such  borough  shall  have  been  incor- 
porated, and  the  said  court  shall  have  like  power  to  equitably 
adjust  and  apportion  the  same."  ^ 

"The  cost  of  said  proceedings  shall  be  paid  by  the  several- 
said  townships  and  boroughs,  in  such  proportion  as  the  said 
court  shall  adjudge,  and  the  orders  and  decrees  of  the  said 
court  may  be  enforced  by  attachment."  ^ 

This  act  directs  a  proper  apportionment  of  the  township's 
indebtedness  between  it  and  the  borough.  The  court  ascer- 
tains what  part  of  the  debt  the  two  should  respectively  bear. 

6  Act  June  12,  1878,  P.  L.  184,  Sees.  3,  4,  5,  6,  i  P.  &  L.  Dig.  381-3. 

7  Lansdowne  vs.  Upper  Darby  Twp.,  9  D.  R.  694. 

8  Act  June  12,  1878,  P.  L.  184,  Sec.  7,  i  P.  &  L.  Dig.  383. 

9  Act  June  12,  1878,  P.  L.  184,  Sec.  8,  i  P.  &  L.  Dig.  383. 


ADJUSTMENT  OF  INDEBTEDNESS.  25 

The  decree  of  the  court  does  not  disturb  the  right  of  the  credi- 
tors to  resort  either  to  the  township  or  to  the  borough.  If 
either  pays  the  whole  debt,  it  can  be  subrogated  to  the  creditors' 
right  against  the  other.  The  township,  and  possibly  the  bor- 
ough, may  file  a  bill  for  the  apportionment  of  the  debt.  The 
ratio  between  the  assessed  value  for  tax  purposes  of  the 
property  in  the  borough,  and  that  of  the  property  of  the  entire 
township,  is  the  ratio  in  which  the  borough  should  share  the 
property  and  also  the  indebtedness  of  the  township.  ^^ 

This  legislation  furnishes  the  only  method  for  the  collec- 
tion of  such  indebtedness,  and  involves  an  adjudication  of  all 
actions  except  those  pending  in  tort.  The  marshalling  of  out- 
standing claims  by  auditors  is  not  an  adjudication  which  will 
bind  either  the  township  or  the  creditor.  An  order  drawn  upon 
the  treasurer  by  the  supervisors  is  not  prima  facie  evidence  of 
the  township  indebtedness,  nor  is  a  report  made  by  virtue  of  the 
Act  of  March  31,  1864,^^  providing  for  the  levying  of  a 
special  tax  for  township  indebtedness,  conclusive.  In  appor- 
tioning the  indebtedness  all  liabilities  of  the  township  are  to  be 
included,  and  not  merely  sums  due  for  the  repair  of  roads  as 
under  the  Act  of  April  3,  1851.^^  The  borough  is  liable  for  the 
ratable  proportion  of  a  judgment  recovered  in  tort  against  the 
township  alone,  recovered  after  the  erection  of  the  borough, 
when  the  cause  of  action  accrued  before.  Debts  due  for  more 
than  six  years  at  the  time  of  the  erection  of  the  borough,  but 
which  have  been  kept  alive  as  against  the  township  by  pay- 
ments, are  not  barred  as  against  the  borough,  if  less  than  six 
years  have  elapsed  from  the  time  of  its  erection.    In  a  suit  for 

10  Township  of  Upper  Darby  vs.  Borough  of  Lansdowne,  174  Pa.  203. 
In  this  case  upon  adjustment  of  all  except  the  bonded  debt,  it  was  found  that 
the  township  owed  the  borough  $2,953.15.  The  bonded  debt  was  then  divided 
between  the  township  and  the  borough  in  the  ratio  of  their  respective  tax- 
able property. 

11  Act  March  31,  1864,  P.  L.  162,  2  P.  &  L.  Dig.  4602. 

12  Act  April  3,  1851,  P.  L.  325,  i  P.  &  L.  Dig.  380;  Jenkins  Township  vs. 
Yatesville,  i  Kulp  190. 


26  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

such  proportion,  no  right  exists  to  an  allowance  for  counsel 
fees.^^ 

Where  Borough  Limits  Are  Changed. 

20.  Whenever  proceedings  shall  have  been  begun  in  any 
court  for  the  changing  of  the  limits  of  any  borough,  by  annex- 
ing thereto  any  tracts  of  land,  or  by  detaching  therefrom  any 
territory  included  therein,  and  the  change  shall  have  been  ap- 
proved by  the  grand  jury,  the  court  must,  before  entering  the 
decree  confirming  the  same,  appoint  an  auditor.  He  shall  as- 
certain the  existing  liabilities  of  the  several  boroughs,  town- 
ships and  school  districts,  and  the  assessed  valuation  of  all 
property  liable  to  taxation  for  borough,  township  or  school 
purposes,  as  shown  by  the  last  annual  assessment  in  each  bor- 
ough, township,  or  school  district,  and  within  the  limits  of  the 
part  annexed  to  or  detached  from  the  borough,  and  he  shall  re- 
port the  same  to  the  court,  with  the  form  of  a  decree  adjusting 
the  liabilities  for  all  indebtedness,  and  the  value  of  property 
held  or  acquired  by  each  justly  and  equitably  upon  the  bor- 
ough, township  and  school  district,  respectively.  At  the  time 
of  making  the  appointment  of  the  auditor,  the  court  must  di- 
rect notice  to  be  given  of  the  time  and  place  of  meeting  before 
him,  and  of  the  time  of  making  his  report,  and  of  the  hearing 
thereon,  in  such  manner  and  for  such  time  as  it  may  decree, 
necessary  and  proper  to  give  full  notice  to  all  parties  interested, 
and  must  make  such  other  and  further  orders  as  to  it  may  seem 
meet  and  proper.  The  court  after  the  hearing  upon  the  report 
of  the  auditor,  is  authorized  to  direct  the  amounts  that  shall  be 
paid  by  either  the  borough,  township,  or  school  district,  to  the 
other,  and  the  time  and  mode  of  payment.  If  necessary  to  a 
proper  adjustment  of  the  indebtedness,  the  court  may  order  a 
special  tax  to  be  levied  upon  the  property  so  annexed  to  or  de- 
tached from  the  borough,  for  the  payment  of  so  much  of  the  in- 

13  Kingston  Township  vs.  Luzerne  Borough,  5  Kulp  49. 


ADJUSTMENT  OF  INDEBTEDNESS.  2/ 

debtedness  as  may  be  awarded  against  it,  and  may  direct  how 
the  same  shall  be  assessed  and  collected.  The  decree  thus  made 
shall  be  conclusive  upon  all  parties  interested^  and  the  court 
shall  have  power  to  enforce  it  by  appropriate  orders  and  de- 
crees, and  by  attachment  of  all  public  officers  refusing  to  obey 
the  same,  and  to  punish  such  disobedience  by  fine  and  imprison- 
ment, or  either  at  its  discretion.^ ^ 

The  Act  of  June  i,  1887,  does  not  apply  to  proceedings  for 
the  adjustment  of  indebtedness  where  a  part  of  the  territory  of 
a  township  passes  to  a  borough  on  annexation  proceedings  by  a 
petition  of  the  borough  council  and  ordinance  thereon.  It  re- 
fers only  to  proceedings  in  court.  ^^ 

Where  To-wnship  Annexed  to  City  of  the  Second  Class. 

21.  The  Act  of  May  8,  1895,^'^  provided  for  the  annexation 
of  cities  of  the  third  class,  boroughs  or  townships,  or  part  or 
parts  of  townships  to  cities  of  the  second  class,  and  provided  in 
the  fifth  section  for  the  collection  of  the  debts  existing.  This 
legislation  has  been  held  to  be  unconstitutional  as  a  violation 
of  article  3,  section  7  of  the  Constitution  forbidding  local  legis- 
lation.^'' 

Where  Township  Annexed  to  City. 

22.  Provision  was  made  for  annexation  to  any  contiguous 
city  by  the  Act  of  April  28,  1903,^^  and  it  was  directed  that  "the 
territory  annexed  shall  pay  its  own  floating  and  bonded  indebt- 
edness, and  the  interest  thereon,  as  said  floating  and  bonded 
indebtedness  exists  at  the  time  of  annexation,  and  for  that 
purpose  an  annual  tax  shall  be  levied  by  the  city  to  which  it  is 
annexed,  and  which  shall  be  levied  upon  the  subjects  of  taxa- 

14  Act  of  June  i,  1887,  P.  L.  285,  i  P.  &  L.  Dig.  384. 

15  Wilkins  School  Dist.  vs.  Turtle  Creek  Borough  Dist.  31  Pitts.  L.  J. 
189,  affirmed  Wilkins  Twp.  School  District,  18  Pa.  Sup.  293. 

16  Act  May  8,  1895,  P.  L.  56,  see  Act  April  14,  1897,  P.  L.  21. 

17  Millvale  Bor.  Election,  26  P.  L.  J.  411. 

18  Act  April  28,  1903,  P.  L.  332. 


28  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

tion  in  such  annexed  territory  only.  Such  annexed  territory- 
shall  not  be  liable  for  the  floating  or  bonded  indebtedness  of  the 
city  to  which  it  is  annexed,  as  the  same  shall  exist  at  the  time 
of  annexation;  but  the  same  shall  be  provided  for,  princi- 
pal and  interest,  by  an  annual  tax,  to  be  levied  by  such  city 
upon  the  subjects  of  taxation  within  its  limits.  In  case  of  an- 
nexation, the  court  may  appoint  commissioners  to  ascertain  the 
floating  and  bonded  indebtedness  of  the  territory  annexed, 
and  of  the  city  to  which  it  is  annexed.  An  account  shall  be 
taken  of  all  moneys  on  hand  or  receivable,  applicable  to  the 
payment  of  the  floating  or  bonded  indebtedness  of  the  respec- 
tive portions,  at  the  date  of  annexation,  and  such  money  shall 
be  applied  in  payment  of  the  floating  or  bonded  indebtedness 
of  the  respective  portions." 

Where  annexation  was  had  under  the  Act  of  May  23,  1889,^® 
it  was  held  that  township  taxes  levied  before  the  date  of  ap- 
proval of  the  annexation  proceedings,  but  after  the  same  had 
been  instituted,  could  not  be  collected  in  the  portion  added  to 
the  adjoining  city.^° 

Annexation  to  Cities  of  Third  Class. 

23.  By  the  Act  of  May  16,  1901,^^  it  was  provided  that  when 
territory  was  annexed  to  cities  of  the  third  class  that  the  in- 
debtedness should  be  apportioned  as  follows:  "When  it  shall 
appear  to  said  court  of  quarter  sessions  that  the  township  from 
which  any  part  or  portion,  or  any  out-lots  or  section  of  land, 
has  been  taken,  has  money  or  funds  or  land,  or  is  indebted,  it 
shall  be  the  duty  of  said  court  to  determine  and  decree  how 
much  of  said  funds  or  moneys  shall  be  paid  as  a  ratable  and 
equitable  part  to  the  said  city;  and  likewise  deter- 
mine   and     decree    what    ratable    and     equitable    part    or 

19  Act  May  23,  1889,  P.  L.  277,  i  P.  &  L.  Dig.  612. 

20  Hale  vs.  Butler,  i  Lack.  L.  N.  5. 

21  Act  May  16,  1901,  P.  L.  225,  4  P.  &  L.  Dig.  822.  This  act  amended  sec- 
tion 5,  article  3  of  the  Act  of  May  23,  1889. 


ADJUSTMENT  OF  INDEBTEDNESS.  29 

proportion  of  said  indebtedness  shall  be  paid  by  the 
said  city  to  the  said  township,  and  to  fix  the  time  or 
times  on  or  within  which  any  of  the  respective  moneys,  parts 
or  portions  shall  be  paid." 

This  legislation  was  supplemented  in  1903  as  follows: 
"Whenever  any  borough  or  township,  or  part  of  township,  ad- 
joining any  city  of  the  third  class,  and  being  part  of  the  county 
in  which  the  same  is  situated,  shall  hereafter  be  annexed  to 
such  adjoining  city  in  the  manner  prescribed  by  article  three  of 
the  act,  entitled  *An  Act  providing  for  the  incorporation  and 
government  of  cities  of  the  third  class,'  approved  May  23, 
1889,  the  existing  indebtedness,  liabilities,  and  the  interest 
thereon,  of  each  of  said  cities,  contracted  prior  to  such  annexa- 
tion (excepting  any  and  all  funded  indebtedness  for  the  con- 
struction of  sewers,  waterworks,  gas  or  electric  light  plants,  or 
public  buildings),  shall  be  paid  by  such  city,  and  the  existing 
mdebtedness  and  liabilities,  and  the  interest  thereon  of  each 
of  said  boroughs,  townships,  or  parts  of  townships,  shall  be 
paid  by  the  same,  respectively,  as  the  case  may  be,  and  for  the 
liquidation  of  debts  and  liabilities,  and  the  interest  thereon,  the 
authorities  of  such  city  shall  have  power  to  adjust  and  provide 
for  the  same  by  ordinance,  and  to  levy  separate  rates  of  taxa- 
tion on  all  persons  and  property  subject  to  taxation,  within 
the  boundaries  of  such  city,  borough,  township,  or  part  of  town- 
ship, respectively,  as  the  case  may  be,  for  the  purposes  afore- 
said." 22 

Where  Hew  Township  Caused  by  New  County  Line. 

24.  The  court  of  quarter  sessions  is  given  power  to  adjust 
the  indebtedness  of  the  townships  cut  by  the  new  county  line, 
incurred  prior  to  the  erection  of  the  new  county,  or  prior  to  the 
consolidation  and  establishment  of  the  new  township,  in  such 
manner  that  only  the  property  within  the  old  territorial  limits 

22  Act  April  25,  1903,  P.  L.  312. 


30  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

of  each  township  shall  be  liable  for  such  indebtedness.^-"'  Where 
the  township  is  divided  by  the  new  county  line,  both  parts  are 
liable  for  a  debt  due  by  the  old  township,  and  a  recovery  may  be 
had  against  either  part  for  the  whole  sum.^* 

Where  Boundary  Altered. 

25.  Where  portions  of  a  township  are  cut  off  from  the  main 
portion  because  of  the  inconvenience  of  access  as  provided  by 
the  Act  of  May  11,  1901,^^  the  court  decreeing  the  alteration 
shall  appoint  an  auditor,  who  shall  give  such  notice  as  the  court 
shall  direct  to  the  parties  in  interest  and  after  hearing  and  in- 
vestigation shall  report  to  the  court  the  total  valuation  of  the 
several  boroughs,  townships  and  school  districts  afifected  by  the 
alteration  decreed,  the  assessed  valuation  of  the  portion  cut  ofif, 
and  also  the  amount  of  the  indebtedness  of  the  several  bor- 
oughs, townships  and  school  districts  afifected  by  such  altera- 
tion, and  the  value  of  all  property  that  shall  be  transferred  by 
reason  of  such  alteration.  The  auditor  shall  sug- 
gest a  decree,  which  shall  be  confirmed  nisi  by  the 
court,  and  absolutely,  if  exceptions  be  not  filed  within 
ten  days,  or  an  appeal  taken  by  a  party  in  interest. 
Any  decree  shall  be  enforced  by  the  court  as  are  those  in 
equity.^® 

Effect  of  Division  of  Township. 

26.  Where  a  borough  is  carved  out  of  a  township  it  remains 
subject  to  a  local  statute  providing  for  summary  proceedings, 
when  such  statute  was  the  law  of  the  whole  territory  embraced 
by  the  township.^'''  So  a  township  situated  in  a  new  county, 
v.'hich  has  been  taken  from  the  territory  of  an  older  one,  is  sub- 
ject to  a  local  act  governing  township  organization  which  ap- 

23  Act  May  13,  1879,  P.  L.  52,  Sec.  4,  i  P.  &  L.  Dig.  1019. 

24  Plunkett's  Creek  Twp.  vs.  Crawford,  27  Pa.  107. 

25  Act  May  11,  1901,  P.  L.  177,  4  P.  &  L.  Dig.  655. 

26  Act  May  11,  1901,  P.  L.  177,  4  P.  &  L.  Dig.  656. 

27  Com.  vs.  Ayers,  17  Pa.  Sup.  352. 


ADJUSTMENT  OF  INDEBTEDNESS,  3 1 

plied  to  the  whole  territory  before  the  division.^^  Where  the 
new  township  is  erected  from  several  having  inconsistent 
laws,  it  would  seem  that  such  are  incapable  of  enforcement.^^ 
In  case  a  new  township  is  created  the  justices  of  the  peace 
within  the  territory  from  which  it  is  taken  shall  continue  for 
the  proper  township  in  which  they  reside  for  the  balance  of  the 
official  term.  Any  deficiency  in  the  number  allowed  b^/  the  Act 
of  June  21,  1839,  shall  be  supplied  at  the  next  succeeding  elec- 
tions for  constables  in  such  townships.^^ 

28  Com.  vs.  Carson,  21  Pa.  Sup.  48. 

29  Com.  vs.  Baker,  4  Pa.  C.  C.  34. 

30  Act  May  9,  1846,  P.  L.  105,  Sec.  i,  i  P.  &  L.  Dig.  2538. 


CHAPTER  IV. 

CLASSES  OF  TOWNSHIPS. 

SECTION  SECTION 

27.  Classification  of  townships.  29.  Constitutionality   of   classifica- 

28.  Method    of    determining    the  tion. 

class.  30.  Effect  of  classification. 

Classification  of  Townships. 

27.  Prior  to  1899  all  townships  were  of  the  same  class,  hav- 
ing the  same  powers  and  duties,  except  as  affected  by  local  leg- 
islation. In  that  year  a  classification  was  adopted.  The  pur- 
pose thereof  was  expressed  in  the  preamble  to  the  legislation : 
"Whereas,  In  those  more  populous  townships  of  the  Com- 
monwealth, which  are  in  a  large  measure  devoted  to  residential 
purposes,  there  is  need  of  a  form  of  municipal  government  hav- 
ing greater  powers  than  are  now  possessed  by  the  local  govern- 
ments of  townships  under  existing  laws,"  that,  therefore,  the 
legislation  was  enacted.^  By  a  subsequent  enactment  the 
method  of  classification  was  altered.^ 

As  modified  it  is  directed  "that  for  the  purpose  of  legislation, 
regulating  their  municipal  affairs,  the  exercise  of  certain  cor- 
porate powers,  and  having  respect  to  the  number,  character, 
powers  and  duties  of  certain  officers  thereof,  the  townships 
now  in  existence  and  those  to  be  hereafter  created  in  this  Com- 
monwealth, shall  be  divided  into  two  classes.  Those  town- 
ships having  a  population  of  at  least  three  hundred  to  the 
square  mile  as  shown  by  the  United  States  census  or  as 
ascertained  in  the  manner  hereinafter  provided,  shall  be  town- 

1  Act  April  28,  1899,  p.  L.  104,  4  P.  &  L.  Dig.  912. 

2  Act  May  11,  1901,  P.  L.  160,  4  P.  &  L.  Dig.  912. 

32 


CLASSES  OF  TOWNSHIPS.  33 

ships  of  the  first  class.    All  other  townships  shall  be  townships 
of  the  second  class." 

Method  of  Determining  tlie  Class. 

28.  "It  shall  be  the  duty  of  the  county  commissioners  in 
every  county  of  the  Commonwealth  to  ascertain  whether  any 
township  in  the  county  comes  within  the  conditions  hereinbe- 
fore set  out  as  constituting  a  township  of  the  first  clasS;  and  by 
proclamation,  to  be  issued  prior  to  the  first  day  of  January  fol- 
lowing the  ascertainment  of  population  by  the  decennial  census 
of  the  United  States,  to  designate  the  townships  of  the  first 
class,  if  any,  within  the  county,  and  by  proclamation,  to  be  is- 
sued prior  to  the  first  day  of  January  of  each  of  the  intervening 
years,  to  designate  the  townships,  if  any,  which  since  the  last 
preceding  proclamation  have  been  ascertained  to  come  within 
the  said  conditions  and  to  be  townships  of  the  first  class ;  and 
in  all  townships  so  designated,  the  officers  provided  for  by  this 
act  shall  be  chosen  at  the  municipal  election  then  next  ensuing, 
and  the  township  government  constituted  by  this  act  shall  go 
into  force  on  the  first  Monday  of  March  then  next  ensuing. 
Said  proclamation  by  the  county  commissioners  shall  be  adver- 
tised in  two  newspapers  published  in  the  county." 

"At  any  time,  not  less  than  two  years  before  the  time  fixed 
for  taking  a  decennial  census  of  the  United  States,  whenever 
twenty  or  more  freeholders  residing  in  any  of  the  townships 
of  the  second  class  shall  present  their  petition  to  the  court  of 
quarter  sessions  of  the  county,  averring  that  the  population  of 
said  township  has  become  and  is  at  least  three  hundred  to  the 
square  mile,  and  shall  give  such  security  as  the  court  m^ay  pre- 
scribe for  the  payment  of  all  costs  and  expenses  which  may  be 
incurred  in  any  proceedings  had  upon  said  petition,  the  said 
court  shall  appoint  a  competent  commissioner  to  make  an  en- 
rollment of  the  inhabitants  of  the  said  township,  and  to  report 
the  said  enrollment,  with  a  finding  of  the  population  of  the  said 
township,  during  the  next  ensuing  term  of  the  said  court. 


34  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

Upon  the  filing  of  the  report  of  the  said  commissioner,  the  same 
shall  be  confirmed  nisi,  said  confirmation  to  become  absolute 
unless  excepted  to  within  twenty  days  thereafter,  during  which 
time  notice  of  the  said  filing  and  confirmation  shall  be  adver- 
tised in  a  newspaper  of  said  county  once  a  week  for  three  weeks. 
If  exceptions  are  iiled  to  the  said  report  within  the  said  period, 
the  court,  upon  consideration  thereof,  shall  confirm  the  said 
report  or  modify  the  said  finding,  and  thereupon  the  clerk  of 
the  court  shall  certify  to  the  county  commissioners  of  the 
county  the  population  of  the  said  township  as  shown  by  the  said 
proceedings.  The  costs  and  expenses  of  the  said  proceedings, 
including  a  reasonable  fee  for  the  said  commissioner  shall  be 
paid  by  the  said  petitioners  or  by  the  townships,  or  partly  by 
each,  as  the  court  shall  direct."  ^ 

In  determining  the  population  non-permanent  residents  in  an 
insane  asylum  are  to  be  excluded.'*  A  special  law  dividing  a 
township  into  two  wards  is  superseded  by  this  legislation,  the 
division  being  merely  for  election  purposes,  and  both  are  to  be 
considered  as  one.^  Where  a  township  is  proclaimed  one  of  the 
first  class,  and  officers  are  elected  and  measures  passed,  it  re- 
mains a  township  of  that  class,  although  by  the  census  return 
it  lacks  the  requisite  population.^  If  exceptions  filed  to  the 
report  of  the  commissioner  appointed  to  determine  the  popula- 
tion, as  directed  by  the  Act  of  May  ii,  1901,  be  overruled,  an 
appeal  may  be  taken,  but  the  record  alone  will  be  examined,  it 
being  an  appeal  in  name^  but  a  certiorari  in  fact.''^ 

Constitutionality  of  Classification. 

29.  The  Act  of  April  28,  1899,  and  its  supplement,  classi- 
fies townships  according  to  the  density  of  their  population,  and 

3  Act  May  11,  1901,  P.  L.  160,  4  P.  &  L.  Dig.  912-4. 

4  Crawford  vs.  Commissioners,  25  Pa.  C.  C.  380,  s.  c.  10  D.  R.  649:  32 
Pitts.  L.  J.  54. 

5  Com.  vs.  Rooney,  10  Kulp  317,  s.  c.  10  D.  R.  745. 

6  Crescent  Twp.  Case,  31  Pitts.  L.  J.  297. 

7  Springdale  Twp.,  20  Pa.  Sup.  381. 


CLASSES  OF  TOWNSHIPS.  35 

is  not  unconstitutional  as  special  local  legislation.  In 
Commonwealth  vs.  Blackley,^  in  which  the  appellate 
court  upheld  the  constitutionality  of  this  legislation  it 
was  said  by  the  lower  court  in  an  opinion  adopted  by 
the  Supreme  Court :  "As  to  the  mode  of  classification  by  the 
density  instead  of  by  the  bulk  of  the  population,  we  cannot  see 
that  it  is  liable  to  just  criticism.  In  classifying  cities  which 
are  ex  vi  termini  great  centers  of  a  crowded  population,  the 
character  of  the  city  is  sufficiently  determined  by  the  number  of 
inhabitants,  but  in  classifying  townships,  which  constitute  the 
whole  residuum  of  the  Commonwealth,  not  yet  organized  into 
boroughs  or  cities,  and  of  which  some  are  very  large,  and  some 
are  very  small,  it  would  seem  to  be  more  reasonable,  if  they  are 
to  be  classified  at  all,  not  to  classify  them  by  number  of  popula- 
tion, which  would  put  into  different  classes  communities  ex- 
actly similar  in  their  wants  as  to  roads,  sidewalks  and  other 
matters  concerning  their  municipal  government,  but  to  classify 
them  on  the  same  principle  on  which  boroughs  are  erected  out 
of  townships,  namely,  on  the  density  of  their  population.  The 
result,  we  think,  is  general,  and  not  special  legislation."  The 
same  determination  was  reached  in  P.  &  R.  Coal  and  Iron  Co.'s 
Case.^  In  Plains  Township  Case  ^^  the  same  ruling  was 
made.^^ 

Effect  of  Classification. 

30,  The  act  providing  for  the  classification  repeals  incon- 
sistent legislation,  but  except  as  modified  by  the  Act  of  1899, 
and  its  supplements,  existing  laws  continue  in  force  until 
changed,  modified  or  repealed  by  legislation  relating  expressly 

8  Com.  vs.  Blackley,  198  Pa.  372. 

9  Phila.  &  Reading  Coal  and  Iron  Co.'s  Petition,  200  Pa.  352,  affirming 
16  Sup.  260,  which  reversed  23  Pa.  C.  C.  587. 

10  Plains  Twp.  Case,  16  Sup.  262. 

11  Reversing  30  Pitts.  L.  J.  300,  s.  c.  10  Kulp  12,  7  North.  Co.  207,  17 
Lane.  L.  R.  302,  9  D.  R.  379. 

3 


36  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

thereto.^^  Thus,  the  local  Act  of  April  14,  1853,  relating  to 
the  election  of  a  township  treasurer,  in  Mifflin  township,  one 
of  the  first  class,  was  repealed.^ ^  So  was  an  act  providing  for 
the  election  of  township  officers.^^  So  the  Act  of  June  12,  1893, 
permitting  taxpayers  of  the  township  to  contract  for  making  at 
their  own  expense  the  roads,  and  thereby  preventing  the  levy 
and  collection  of  a  road  tax  therein,  was  rendered  inoperative 
as  to  townships  of  the  first  class. ^^ 

The  creation  of  townships  of  the  first  class  did  not  repeal  the 
laws  in  relation  to  boroughs,  providing  for  annexation  of 
townships,  or  parts  thereof.^®  Nor  change  the  method  of  di- 
viding townships,  though  of  the  first  class.  ^^  Nor  did  it  make 
the  township  such  a  municipal  corporation  as  a  borough  or  city, 
the  consent  of  whose  authorities  to  the  construction  of  a  street 
railway  suffices,  without  the  consent  of  the  abutting  property 
owners.  Such  must  be  obtained  as  in  a  township  of  the  second 
class. ^® 

12  Act  April  28,  1899,  p.  L.  104,  Sec.  3,  4  P.  &  L.  Dig.  914. 

13  Com.  ex.  rel.  vs.  Blackley,  198  Pa.  2i7^- 

14  Com.  vs.  Rooney,  10  D.  R.  745,  s.  c.  10  Kulp  317. 

15  Phila.  &  Reading  Coal  &  Iron  Co.'s  Ap.,  200  Pa.  352,  affirming  16  Pa. 
Sup.  260;  Plains  Twp.,  16  Sup.  262.  See  now  the  Act  of  May  24,  1901,  P. 
L.  297,  4  P.  &  L.  Dig.  917. 

16  Alliance  Borough,  7  North  396,  s.  c.  2  Blair  34. 

17  Stowe  Twp.  Division,  23  Pa.  Sup.  285. 

18  Dempster  vs.  United  Traction  Co.,  205  Pa.  70. 


CHAPTER  V. 


SCHOOL  DISTRICTS. 


Formation. 

Independent  school  districts. 

The  petition. 

Commissioners. 

The  return. 

Costs. 

When  new  district  recognized. 

Abohtion   of   independent   dis- 
tricts. 
39.  Annexation  to  district. 

AnnulHng  of  annexation. 

Formation  of  new  district  by 
creation  of  borough. 

Adjustment  when  new  district 
formed. 
43.  Adjustment  continued. 


31- 
32. 
33- 
34- 
35. 
36. 
37. 
38. 


40, 
41- 

42. 


44.  Adjustment  continued. 

45.  Adjustment  where  lines  altered 

or  independent  district  abol- 
ished. 

46.  Adjustment  where  lines  of  bor- 

ough altered. 

47.  Adjustment  where  any  district 

is  enlarged. 

48.  Adjustment      where     borough 

erected  from  township  is 
merged  into  one  or  more 
boroughs,  and  ceases  to  ex- 
ist. 

49.  Classification    of    school     dis- 

trict. 


Formation. 

31.  Prior  to  1849  school  districts  and  sub-districts  existed 
throughout  Pennsylvania.  By  the  Act  of  April  7th,  of  that 
year,^  every  township,  borough  or  ward  in  the  Commonwealth 
was  made  a  school  district,  and  the  directors  were  required  to 
establish  a  sufficient  number  of  common  schools  in  each.  By 
the  38th  section  of  this  act,  which  repealed  all  former  acts  rela- 
tive to  the  common  school  system,  which  were  supplied  by  or 
inconsistent  with  its  provisions,  these  sub-districts  were  abol- 
ished. The  act  did  indeed  provide  that  sub-districts  could  be 
formed,  and  if  so,  should  not  be  altered  or  abolished,  except 


I  Act  April  7,  1849,  P.  L.  441. 


37 


38  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

with  the  consent  of  a  majority  of  the  citizens  of  the  sub-district, 
ascertained  at  a  pnbHc  meeting  for  that  purpose,  or  by  writing 
signed  by  their  names  and  addressed  to  the  board  of  directors. 
The  general  Act  of  May  8,  1854,^  followed.  It  was  designed 
to  provide  a  complete  system  of  common  school  education,  in 
lieu  of  that  which  had  existed  before  its  enactment.     It  de- 
clared that  every  township,  borough  and  city  of  this  Common- 
wealth should  constitute  and  be  a  school  district,  subject  to  its 
provisions,  with  the  qualification  that  any  township  which  is  or 
may  become  connected  with  a  township,  in  the  assessment  of 
county  rates  and  levies,  shall  with  this  township,  form  one 
township.^    The  52d  section  repealed  all  former  acts  and  parts 
of  acts  relative  to  the  common  school  system,  and  all  laws  re- 
lating to  or  creating  independent  districts,  or  authorizing  the 
establishment  of  sub-districts,  and  the  appointment  of  commit- 
tees.   The  repealing  clause  of  the  Act  of  1849,  therefore  ob- 
literated all  sub-districts  created  before  that  time,  and  the  Act 
of  1854  abolished  all  created  to  that  time.* 

Independent   School   Districts. 

32.  "Since  1854,  a  settled  policy  of  the  law  of  Pennsylvania 
has  been  to  make  school  districts  correspond  with  the  divisions 
of  the  counties  into  townships  or  boroughs.  So  essential  to  the 
welfare  of  the  common  school  system  was  this  general  rule  re- 
garded, that  the  Legislature  provided  for  the  abolition  of  in- 
dependent districts,  except  where  the  court,  upon  application, 
and  after  careful  consideration,  should  conclude  that  there  were 
sufficient  reasons  for  their  continuance,  and  in  order  to  prevent 
the  improper  creation  of  such  districts,  thus  restoring  one  of 
the  great  evils,  which  had  grown  up  under  the  old  system,  the 
I>egislature  declared  the  true  intent  and  meaning  of  the  act  cre- 
ating independent  districts."  ^ 

2  Act  May  8,  1854,  P.  L.  617,  i  P.  &  L.  Dig.  747. 

3  Act  May  8,  1854,  P.  L.  617,  Sec.  2.  x  P.  &  L.  Dig.  748. 

4  Conley  et  al.  vs.  School  Directors  of  West  Deer  Twp.,  32  Pa.  194. 

5  In  re  School  District  in  Marcy  Twp.,  5  Kulp  61. 


SCHOOL  DISTRICTS.  39 

Provision  was  made  for  the  establishment  of  such  districts 
in  cases  of  absolute  necessity  by  the  Act  of  May  8,  1855.^  The 
circumstances  under  which  such  action  shall  be  taken  were  ex- 
plained by  the  next  Legislature :  "The  true  intent  and  meaning 
of  the  provisions  of  the  supplement  to  the  general  school  law, 
approved  the  8th  day  of  May,  1855,  for  the  creation  of  inde- 
pendent school  districts,  was,  and  is  to  provide  in  a  guarded 
manner  for  exceptions  to  the  general  rule,  and  to  protect  and 
promote  the  educational  welfare  of  occasional  localities,  that, 
from  natural  or  other  adequate  obstacles,  could  not  be  properly 
provided  for  under  the  organization  of  township  districts ;  and 
further,  it  was  not  the  intention  to  cut  up  townships  into  single 
school  districts,  nor  to  carve  out  the  wealthiest  from  the  poorer 
portions  of  a  township  or  townships,  to  the  prejudice  of  the 
rights  and  interests  of  the  latter."  '^ 

From  1854  to  the  adoption  of  the  Constitution  of  1874  it 
was  possible  for  the  Legislature,  by  act  of  Assembly  to  erect  in- 
dependent school  districts.  An  illustration  of  this  power  is 
found  in  the  Act  of  February  23,  1869,^  establishing  Brain- 
trim  district  from  Auburn  township,  in  Susquehanna  county, 
and  Braintrim  township,  in  Wyoming  county.^  Such  legisla- 
tion is  now  prohibited  by  article  3,  section  7  of  the  Constitu- 
tion of  1874.^° 

The  Petition. 

33.  The  Act  of  1855  directs  the  institution  of  such  a  pro- 
ceeding upon  the  petition  of  not  less  than  20  taxable  inhabi- 
tants of  the  township  or  townships,  desiring  the  formation  of 
the  territory  upon  which  they  reside  into  a  separate  and  inde- 
pendent common  school  district,  and  setting  forth  the  bounds 

6  Act  May  8,  1855,  P.  L.  509,  Sec.  5,  i  P.  &  L.  Dig.  748. 

7  Act  May  20,  1857,  P.  L.  587,  Sec.  i,  i  P.  &  L.  Dig.  749. 

8  Act  Feb.  23,  1869,  P.  L.  233. 

9  Braintrim  Ind.  S.  D.,  22  Pa.  C.  C.  190. 
10  I  P.  &  L.  Dig.  55- 


40  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

of  such  proposed  district.^  ^  The  petition  must  set  forth  all  the 
facts,  which  furnish  the  reasons  for  the  separation.  It  must 
show  obstacles,  natural  or  artificial,  and  of  a  physical  charac- 
ter, which  would  authorize  such  order  by  the  court.  Necessity 
and  not  expediency  must  be  the  test.^^ 

Commissioners. 

34.  If  valid  reasons  be  set  forth  in  the  petition,  the  court  of 
quarter  sessions  shall  appoint  commissioners  to  view  the  prem- 
ises and  report  to  the  court  at  its  next  term,  the  lines  of  the 
proposed  new  district,  either  according  to  the  bounds  set  forth 
in  the  petition,  or  to  such  other  bounds  as  they  shall  think  more 
advisable,  together  with  their  opinion  of  the  expediency  of  es- 
tablishing or  not  establishing  the  same,  the  proceedings  upon 
which  petition,  commission,  and  report  and  the  final  disposition 
thereof  shall,  in  all  other  respects,  be  according  to  the  act  of 
Assembly  now  in  force,  relative  to  the  creation  of  new  town- 
ships.^^ 

The  commissioners  must  give  notice  of  the  time  and  place  of 
the  view,  or  the  report  will  be  set  aside.^^  The  order  must  di- 
rect at  least  ten  days'  special  notice  to  be  given  to  the  school  di- 
rectors of  the  district  from  which  the  new  one  is  to  be  taken.^*^ 
This  is  in  addition  to  the  general  public  notice  to  be  given  by 
the  commissioners  by  hand  bills,  or  otherwise  to  the  general 
public.^  ^  A  report  is  not  sufficient  which  states  that  special 
notice  was  given  to  the  school  directors,  which  does  not  state 
that  this  was  done  ten  days  prior  to  a  meeting. ^'^    If  it  affirma- 

11  Act  May  8,  1855,  P.  L.  509,  Sec.  5,  i  P.  &  L.  Dig.  748. 

12  Hatfield  Twp.  Independent  School  Dist.,  42  L.  I.  277;  South  Abing- 
ton  School  Dist.,  i  D.  R.  696;  11  Pa.  C.  C.  602;  Spring  Garden  Indepen- 
dent School  Dist.,  7  York  181 ;  Mt.  Pleasant  Independent  School  Dist.,  10 
Pa.  C.  C.  588;  Independent  School  Dist.  in  Franklin  Twp.,  22  Pa.  C.  C.  43. 

13  Act  May  8,  1855,  P-  L-  509,  Sec.  5,  i  P.  &  L.  Dig.  748. 

14  Sewickley  Twp.  Ind.  S.  D.,  33  Pa.  297. 

15  Clearfield  Ind.  S.  D.  79  Pa.  419. 

16  Wilkins  Twp.  S.  D.,  70  Pa.  108. 

17  Clearfield  Ind.  S.  D.,  79  Pa.  419. 


SCHOOL  DISTRICTS.  4I 

tively  appears  that  both  notices  were  given,  but  it  is  not  set 
forth,  how  that  to  the  general  public  was  conveyed,  proof  may 
be  offered  that  it  was  by  posting  hand  bills,  as  a  result  of  which 
many  attended.^ ^  Should  it  appear  that  a  public  hearing  was 
given  after  notice,  but  that  an  adjourned  hearing  was  held  for 
the  considering  complaints  of  remonstrants,  of  which  no  notice 
was  given  to  the  petitioners,  the  proceedings  will  be  defective.^ ^ 

The  Return. 

35.  The  return  must  show  the  natural  or  other  adequate  ob- 
stacles which  make  it  necessary  for  the  educational  welfare  of 
the  inhabitants,  that  the  new  district  be  created.  The  omission 
to  do  so  is  fatal  and  is  not  cured  by  calling  witnesses  to  prove 
the  existence  of  the  necessary  facts.^^  If  the  obstacles  be  such  as 
can  be  provided  for  by  the  old  district,  no  division  should  be 
made.^^  And  the  obstacle  cannot  be  of  any  other  than  a  physi- 
cal character.^^  The  mere  fact  that  the  nearest  school  is  at  an 
inconvenient  distance  is  not  sufficient  reason.^ ^  Nor  that  the 
school  houses  are  insufficient  or  in  bad  condition.^^  Nor  that 
the  school  directors  are  inattentive.^^  Nor  the  fact  that  it  is 
necessary  to  cross  a  railroad  track  upon  which  children  walk, 
when  a  public  road  is  provided.^^  Even  if  there  be  such  an  ob- 
stacle as  a  bridge  and  a  railroad  track,  an  independent  district 
will  not  be  created  where  there  is  a  school  in  the  part  desired 
to  be  cut  off.^^ 

18  Marcy  Twp.  Ind.  S.  D.,  5  Kulp    61. 

19  Huntingdon  Twp.  Ind.  S.  D.,  5  Kulp    473. 

20  Warminster  Township  Ind.  S.  D.,  i  D.  R.  610;  School  District  in 
Franklin  Township,  22  Pa.  C.  C.  43;  8  D.  R.  370,  Foxburn  Ind.  S.  D.,  25 
Pa.  C.  C.  226. 

21  Mt.  Pleasant  Twp.  Ind.  S.  D.,  10  Pa.  C.  C.  588. 

22  Hatfield  Twp.  Ind.  S.  D.,  42  L.  I.  277,  s.  c.  2  Walker  169. 

23  Ind.  S.  D.,  2  Chester  132. 

24  Ind.  S.  D.  in  Franklin  Twp.,  22  Pa.  C.  C.  43 ;  8  D.  R.  270. 

25  Spring  Garden  Ind.  S.  D.,  7  York  181. 

26  Warminster  Twp.  Ind.  S.  D.,  i  D.  R.  610. 

27  Marcy  Twp.  Ind.  S.  D.,  5  Kulp   61. 


42  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

As  required  by  the  first  section  of  the  Act  of  1855,  a  draft 
must  be  returned  with  the  report  of  the  commissioners.  If 
such  a  plot,  showing  the  Hues  of  the  new  township  be  not  an- 
nexed, the  report  is  defective.^^  Not  only  must  the  new  lines  be 
given,  but  those  of  the  old  district,  from  which  the  new  is  taken 
must  appear.^^ 

Costs. 

36.  If  the  proceedings  result  in  the  establishment  of  a  new 
common  school  district,  the  cost  of  the  commission,  and  the 
office  fees  shall  be  paid  by  the  said  new  district ;  but  if  other- 
wise said  costs  and  fees  shall  be  paid  by  the  petitioners  them- 
selves.^^ 

When  New  District  Kecognized. 

37.  When  a  new  district  shall  hereafter  be  formed,  such  dis- 
trict shall  not  be  considered  and  recognized  as  a  separate  and 
independent  school  district  until  after  the  termination  of  the 
current  school  year,  in  which  it  became  a  new  district,  and  un- 
til it  shall  have  a  full  board  of  directors  regularly  elected  or  ap- 
pointed and  organized,  except  that  the  directors  thereof  shall 
have  authority  to  levy,  assess  and  collect  tax,  procure  school 
houses,  and  do  all  other  acts  necessary  to  the  commencement  of 
the  schools  for  the  ensuing  year.^^  This  was  true  under  prior 
legislation.^^ 

Abolition  of  Independent  Districts. 

38.  The  Act  of  1857,  explanatory  of  the  Act  of  1855,  di- 
rected that  if  the  court  should  erect  an  independent  district  in 
violation  of  the  principles  set  forth,  that  the  court  of  quarter 
sessions,  upon  application  of  not  less  than  twenty  citizens  of 
the  township  or  borough  affected  thereby,  should  open  its  de- 

28  Sewickley  Twp.  Ind.  S.  D.,  S3  Pa.  297. 

29  Wilkins  Twp.  S.  D.,  70  Pa.  108. 

30  Act  May  8,  1855,  P-  L.  509,  Sec.  5,  i  P.  &  L.  Dig.  748. 

31  Act  May  8,  1854,  P.  L.  617,  Sec.  3,  i  P.  &  L.  Dig.  750. 

32  Williams  vs.  Crook,  17  Pa.  199.  And  applies  where  a  borough  is  di- 
vided.   Hunlock  vs.  Jones,  9  Kulp  278. 


SCHOOL  DISTRICTS.  43 

cree,  and,  after  a  re-examination  on  the  merits,  confirm  or  an- 
nul such  district  as  the  evidence  might  require.  No  indepen- 
dent district  shall  be  created  without  the  unanimous  concurrence 
of  the  court.  ^^  A  new  district  may  be  abolished  under  this  pro- 
vision, where  the  report  of  the  commissioners  appointed  to  view 
failed  to  set  forth  an  obstacle  making  it  necessary.^*  But  a  pe- 
tition to  so  annul  which  avers  injury,  but  fails  to  state  that  the 
township  was  cut  up  into  single  school  districts,  or  that  a 
wealthier  portion  was  taken  from  a  poorer  part,  to  the  preju- 
dice of  the  latter's  rights,  will  be  dismissed  as  not  in  compli- 
ance with  this  legislation.^^  A  writ  of  error  does  not  lie  from 
the  decree  of  the  court  refusing  to  annul  its  confirmation  of 
the  report  establishing  the  new  district. ^^ 

By  the  same  act,  provision  was  made  for  the  abolition  of 
such  districts  as  had  been  properly  created.  By  petition 
one-third  of  the  taxable  citizens  of  the  school  district,  from 
which  the  independent  school  district  was  established,  may  ap- 
ply, whereupon  the  court  shall  hear  and  determine,  and  if  it 
sees  fit  discontinue.^''  But  the  court  will  not  abolish  under  this 
act  where  the  district  has  been  created  by  special  Act  of  As- 
sembly.^^  Such  proceeding  must  be  had  before  the  court  can 
enlarge  or  absorb  the  district  in  a  new  independent  district. ^^ 
It  may  abolish  the  whole,  but  not  a  part  of  the  independent  dis- 
trict.^*^ 

These   acts   have   been   amended   by   the   Act   of    1903,^^ 

33  Act  May  20,  1857,  P.  L.  587,  Sec.  i,  i  P.  &  L.  Dig.  749.  This  applies 
lo  Districts  created  after  1857.  Greenwood  Twp.  Ind.  S.  D.,  19  Pa.  C.  C. 
452 ;  contra  Harrisville  Bor.  Ind.  S.  D.,  6  Pa.  C.  C.  469. 

34  Greenwood  Twp.  Ind.  S.  D.,  19  Pa.  C.  C.  452. 

35  Harrisville  Bor.  Ind.  S.  D.,  6  Pa.  C.  C.  465- 

36  Brown  vs.  Ind.  S.  D.,  16  Atl.  32,  s.  c.  i  Mona.  iii. 

37  Act  May  20,  1857,  P.  L.  588,  Sec.  i,  i,  P.  &  L.  Dig.  750. 

38  Braintrim  Ind.  S.  D.,  22  Pa.  C.  C.  190,  but  see  Act  of  April  22,  1903, 
P.  L.  237. 

39  Foxburg  Ind.  S.  D.,  25  Pa.  C.  C.  226. 

40  Lagrange  vs.  Ind.  S.  D.,  7  D.  R.  719. 

41  Act  of  April  22,  1903,  P.  L.  237,  supplanting  Act  of  May  12,  1897,  P. 
L.  55. 


44  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

which  provides,  "That  in  all  cases  where  an  independent 
school  district  has  been  created  by  any  of  the  courts  of 
quarter  sessions  of  the  place  of  this  Commonwealth,  or  by 
Act  of  Assembly,  it  shall  be  lawful  for  the  court  of  quarter  ses- 
sions of  the  county  in  which  such  independent  district  is  lo- 
cated, upon  application  to  said  court  of  a  majority  of  the  tax- 
able citizens  resident  within  the  limits  of  such  independent 
school  district,  by  petition,  setting  forth  that  they  desire  the 
abolition  of  said  district,  to  hear  and  determine  the  application 
upon  its  merits,  and  if  deemed  expedient,  the  said  court  shall 
discontinue  the  said  independent  district.  This  act  does  not 
apply  to  independent  school  districts  composed  of  parts  of  ad- 
joining counties.  (Section  3.)  It  was  held  under  the  Act  of 
1897,  the  petition  must  be  signed  by  a  majority  of  both  dis- 
tricts from  which  the  new  district  was  taken.  A  majority  of  a 
part  of  the  district  is  not  sufficient.^^ 

Annexation. 

39.  The  courts  of  quarter  sessions  have  authority  to  annex 
land  of  persons  resident  in  one  township  or  borough  to  another 
township,  borough  or  to  a  city  containing  not  more  than  10,000 
inhabitants,  so  that  when  so  annexed,  the  applicant  shall  pay 
school  taxes  and  be  included  within  the  school  district  to  which 
it  was  annexed  for  educational  purposes,  and  remain  connected 
with  the  district  or  township,  or  borough  of  his  residence  for 
all  other  purposes.  The  court  shall  proceed  by  view  or  review 
in  the  manner,  and  under  the  restrictions  provided  by  the  Act 
of  April  15,  1854,  and  its  supplements,  in  regard  to  the  al- 
teration of  the  lines  of  two  or  more  adjoining  townships,  pro- 
vided the  costs  of  the  proceeding  shall  be  paid  by  the  persons 
applying  for  the  change,  and  provided  further  that  the  trans- 
fer of  lands,  or  parts  thereof,  of  residents  of  a  township  or 
borough  to  any  such  city  for  school  purposes  shall  only  be  by 

42  Lagrange  Ind.  S.  D.,  7  D.  R.  719. 


SCHOOL  DISTRICTS.  45 

and  with  the  consent  of  the  board  of  school  directors  of  both 
districts.^^ 

This  act  authorizes  annexation  on  the  petition  of  the  land 
owners  only,'*''  The  granting  of  the  petition  is  within  the  dis- 
cretion of  the  court.^^  And  if  the  report  of  the  viewers  has 
been  confirmed  by  the  lower  court,  the  appellate  court  will  not 
review  the  proceedings  on  their  merits.'*^  Only  those  who 
make  application  can  be  included  in  the  decree  6f  the  court.*'^ 
The  petition  will  be  defective  if  it  does  not  set  forth  that  the 
land  proposed  to  be  annexed  adjoins  the  township  to  which  it  is 
desired  to  be  joined.^® 

And  the  annexation  will  be  refused  when  it  does  not  appear 
that  the  lands  do  so  adjoin.'*^  The  report  must  be  filed  at  the 
next  regular  term,  and  it  cannot  be  entered  nunc  pro  tnnc.^'^ 

One  who  resides  on  lands  annexed  in  accordance  with  this 
act  is  brought  within  the  new  district  for  all  purposes  for  which 
it  is  formed,  including  the  right  to  vote  for  school  directors. ^^ 

Annulling  of  Annexation. 

40.  By  the  Act  of  June  8,  i88i,^^  the  court  of  quarter  ses- 
sions may  annul  the  decree  by  which  the  land  was  annexed,  if 
it  is  deemed  expedient,  upon  the  petition  of  one-third  of  the  tax- 
able citizens  of  the  township  or  borough  in  which  said  land  is 
situated. 

By  subsequent  legislation  it  was  made  lawful  for  the  court 
to  annul  and  vacate  the  order  and  decree,  annexing  said  lands, 
upon  petition  of  the  residents  of  the  land  so  annexed,  or  a  ma- 

43  Act  of  April  17,  1876,  P.  L.  38,  Sec.  i,  i  P.  &  L.  Dig.  753. 

44  In  re  Easttown  S.  D.,  4  Del.  Co.  49. 

45  Watson's  Petition,  i  Chest.  496. 

46  In  re  Elk  Twp.  S.  D.,  146  Pa.  i. 

47  Tredyfifrin  S.  Lands,  7  Pa.  C.  C.  228. 

48  Wolfe's  Petition,  8  Kulp  181. 

49  Heidler's  Petition,  122  Pa.  653. 

50  Mt.  Pleasant  School  District,  20  Pa.  C.  C.  60. 

51  Colvin  vs.  Beaver,  94  Pa.  388. 

52  Act  June  8,  1881,  P.  L.  69,  Sec.  i,  i  P.  &  L.  Dig.  754. 


46  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

jority  of  them,  and  with  the  consent  of  the  board  of  school  di- 
rectors of  both  districts  interested. ^^ 

Proceedings  to  so  detach  must  be  conducted  by  virtue  of  one 
of  the  two  acts  mentioned,  and  not  by  the  appointment  of  view- 
ers under  the  Act  of  April   17,   1876.^*' 

Formation  of  New  District  by  Creation  of  Borough.. 

41.  By  the  Act  of  1854,'^''^  every  township  and  borough  is 
made  a  separate  school  district.  When  therefore  a  borough 
was  created  from  a  township  a  new  district  was  created,  one  re- 
taining the  old  name,  and  the  other  assuming  that  of  the  new 
borough.  This  was  true  under  this  legislation  although  the 
part  of  the  old  district  remaining  was  very  small  and  had  but  a 
scant  population.^^ 

By  subsequent  legislation  ^^  it  is  provided  that  where  a 
borough  is  erected  from  a  township  leaving  the  remaining 
portion  of  the  township  without  a  school  house,  and  with  less 
than  ten  resident  freeholders,  and  less  than  twenty-five  resi- 
dent children  between  the  ages  of  six  and  sixteen  years,  then  the 
creation  of  such  borough  shall  not  cause  a  division  of  the  school 
district,  but  it  shall  remain  as  it  existed  theretofore.  When- 
ever it  is  made  thereafter  to  appear  to  the  court  of  common 
pleas  by  a  petition  of  at  least  twenty  freeholders  of  such  un- 
divided school  district  at  a  proper  hearing  that  a  portion  of  such 
school  district  outside  of  the  borough  has  at  least  ten  resident 
freeholders  and  twenty-five  resident  children,  then  the  court 
may  decree  a  division  into  two  districts.  This  legislation  is  not 
retroactive.^*^ 

Adjustment  When  New  District  Formed. 

42.  "When  a  new  school  district  is  formed,  the  court  estab- 

53  Act  June  2,  1891,  P.  L.  172,  i  P.  &  L.  Dig.  754. 

56  Newry  S.  D.,  11  Pa.  Sup.  592. 

57  Act  May  8,  1854,  P-  L-  617,  Sec.  i,  i  P.  &  L.  Dig.  747. 

58  Old  Forge  S.  D.  Indebtedness,  22  Pa.  Sup.  239. 

59  Act  February  5,  1903,  P.  L.  4. 

60  Old  Forge  School  District's  Indebtedness,  4  Lack.  J.  -^62. 


SCHOOL  DISTRICTS.  47 

lishing  the  same  shall  determine,  on  hearing,  whether  an  un- 
due proportion  of  the  real  estate  and  school  houses,  belonging 
to  the  old  district  or  districts,  are  within  the  bounds 
of  the  new  district,  and,  if  so,  how  much  money  shall  be  paid 
therefor  by  the  new  to  the  old  district  or  districts,  and  if  any 
money  be  on  hand  or  debt  unpaid,  or  any  tax  or  other  claims  be 
uncollected,  after  the  settlement  of  all  accounts  of  the  current 
year,  the  proper  court  shall  divide  said  money  or  debt,  amongst 
the  districts,  in  such  proportions,  and  shall  make  such  order  as 
to  uncollected  tax,  or  other  claims  as  shall  be  just;  and  any 
sum  thus  decreed  to  be  due  by  any  district,  to  any  district  or  in- 
dividual, shall  be  entered,  in  the  nature  of  a  judgment,  against 
the  same,  and  shall  be  subject  to  execution  in  the  manner  pre- 
scribed by  section  21  of  the  general  common  school  law  of 
May  8,  1854."  ^^  This  section  applies  only  to  the  case  of  the 
formation  of  a  new  district.^^  And  such  a  new  dis- 
trict is  created  by  reason  of  the  formation  of  a  borough.'^^ 
This  legislation  is  remedial,  and  must  be  liberally  construed. ^^ 
The  petition  must  contain  all  facts  essential  for  the  infor- 
mation of  the  court.  It  should  set  forth  the  time  and  manner 
of  the  formation  of  the  new  district;  what  real  estate  and 
school  houses  belonged  to  the  old  district,  with  the  value 
thereof,  and  what  portion  is  within  the  bounds  of  the  new; 
whether  the  part  situated  in  the  new  district  is  an  undue  pro- 
portion ;  and  whether  any  money,  debt,  tax,  or  claim  exists  or 
is  uncollected  after  the  settlement  of  the  accounts  of  the  cur- 
rent year.l^^  The  application  must  be  presented  to  the  court  of 
the  county  in  which  the  district  is  situated.^® 

61  Act  April  II,  1862,  P.  L.  471,  Sec.  11,  i  P.  &  L.  Dig.  752. 

62  Wilkins  Twp.  School  District,  18  Pa.  Sup.  293. 

63  In  re  Abington  S.  D.,  84  Pa.  179;  In  re  Jenkintown  S.  D.,  6  W.  N.  C. 
65.  See  now  the  Act  June  24,  1895,  P-  L.  259 ;  In  re  S.  D.  Luzerne  Borough, 
3  Kulp  162. 

64  In  re  Jenkintown  S.  D.,  6  W.  N.  C.  65. 

65  In  re  Roaring  Brook  S.  D.,  i  Lack.  Jur.  323. 

66  In  re  South  Covington  S.  D.  Ind.,  3  C.  P.  Rep.  170 — here  a  new  county 
had  been  erected  after  division. 


48  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

The  right  to  contribution  for  real  estate  accrues  only  to  the 
old  district  where  the  new  has  an  undue  proportion,  but  not  to 
the  new  where  the  old  retains  an  excess.  This  distinction  is 
not  observed  as  to  the  division  of  assets  of  a  personal  nature.*'' 
So  the  new  would  be  entitled  to  its  share  of  the  State  appro- 
priation.*'^ 

Adjustment  Continued. 

43.  The  court  establishing  the  district  is  given  jurisdiction. 
It  has  been  assumed  by  the  common  pleas, ^^  and  by  the  quar- 
ter sessions. '^'^  The  power  of  the  court  is  to  be  invoked  by  the 
petition  of  a  dismembered  district."^ ^  In  the  petition  of  Borough 
of  Gilberton  "^^  both  the  old  and  the  new  school  districts  united 
in  the  petition.  If  the  township  from  which  the  borough  is  cut 
off  i*s  again  divided  into  two  school  districts,  the  new  school 
district  should  not  be  permitted  to  intervene  in  the  proceeding 
between  the  original  township  and  the  borough.'^^  In  executing 
this  power  the  court  of  quarter  sessions  may  appoint  commis- 
sioners.'^^ Or  an  auditor  '^^  who  makes  report  to  the  court.  To 
this  report  exceptions  may  be  filed  on  which  the  court  may  con- 
firm the  report,  amend  it,''^®  or  refer  it  back  to  the  commissioner 

67  App.  of  S.  D.  of  Aleppo,  96  Pa.  76. 

68  Lower  Allen  Twp.  S.  D.  vs.  Shiremanstown  S.  D.,  91  Pa.  182. 

69  Butler  Twp.  S.  D.  vs.  Gordon  S.  D.,  10  Pa.  C.  C.  663.  In  re  petition 
cf  School  Board  of  Gilberton,  i  Leg.  Rec.  R.  11;  In  re  Jenkintown  S.  D., 
6  W.  N.  C.  65. 

70  In  re  Abington  S.  D.,  84  Pa.  179;  Williams  Twp.  vs.  Williamstown, 
9  Pa.  C.  C.  65. 

71  In  re  Jenkintown  S.  D.,  6  W.  N.  C.  65 ;  In  re  Abington  S.  D.,  84 
Pa.  179;  Williams  Twp.  vs.  Williamstown,  9  Pa.  C.  C.  65;  Appeal  of  S.  D. 
of  Aleppo,  96  Pa.  76. 

72  Petition  of  School  Board  of  Borough  of  Gilberton,  i  Leg.  Rec.  Rep. 
II. 

73  App.  S.  D.  of  Aleppo,  96  Pa.  76. 

74  In  re  Abington  S.  D.,  84  Pa.  179 ;  Lower  Allen  Twp.  S.  D.  vs.  Shire- 
manstown S.  D.,  91  Pa.  182 ;  Appeal  of  School  District  of  Aleppo,  96  Pa.  76. 

75  In  re  Petition  of  Sch.  Bd.  of  Borough  of  Gilberton,  i  Leg.  Rec.  Rep. 
II. 

76  Williams  Twp.  vs.  Williamstown,  9  Pa.  C.  C.  65 ;  Butler  Twp.  S.  D. 
vs.  Gordon  S.  D.,  10  Pa.  C.  C.  663. 


SCHOOL  DISTRICTS.  49 

or  auditor  for  emendation  J '^  In  case  the  court  does  confirm, 
no  right  of  appeal  is  given,  though  the  record  may  be  brought 
for  review  on  certiorari,  the  regularity  of  the  proceedings  of 
the  court  below  being  alone  considered.'^ 

One  of  the  inquiries  of  the  court  is  whether  an  undue  pro- 
portion in  value  of  the  real  estate  and  school  houses  is  within 
the  territory  comprising  the  new  district ;  and,  if  so,  how  much 
money  the  new  district  must  pay  the  old  for  this  excess.  Under 
the  Act  of  1862  the  old  is  not  obliged  to  pay  the  new  for  any 
excess  of  such  real  estate  and  school  houses  that  may  remain 
in  it.''^^  The  same  has  been  held  under  the  Act  of  June  24, 
1895.^^  In  determining  the  due  proportion  two  methods  have 
been  adopted.  By  one,  consideration  is  had  of  the  number  of 
taxpayers  in  the  new  and  old  districts,  of  the  number  of  pu- 
pils, and  of  the  amount  of  taxable  property.^^  A  so-called  av- 
erage is  said  to  be  taken  on  the  basis  of  these  three  elements.^^ 
By  another  method  the  ratio  of  the  taxable  property  in  the  new 
district  to  that  in  the  old  district  is  regarded  as  furnishing  the 
proper  basis  of  division  of  the  property.  It  has  been  said  that 
the  district  should  share  the  school  property  in  the  proportion 
in  which  they  have  contributed  the  money  which  purchased  it. 
This  is  approximately  the  proportion  which  the  taxable  prop- 
erty in  each  bears  to  that  in  the  other.  Thus,  if  the  taxable 
property  in  the  new  district  is  one-third  of  the  taxable  property 
in  the  old  district,  the  new  district  should  have  one-third  of  the 

77  In  re  Petition  of  Sch.  Bd.  of  Gilberton,  i  Leg.  Rec.  Rep.  11. 

78  Petition  of  School  Directors  of  the  Borough  of  Aliquippa,  172  Pa. 
81. 

79  Ap.  of  S.  D.  of  Aleppo,  96  Pa.  76 ;  Iti  re  Petition  of  School  Board  of 
Gilberton,  i  Leg.  Rec.  Rep.  11. 

80  Act  June  24,  1895,  P.  L.  259,  3  P.  &  L.  Dig.  161 ;  Munhall  Bor.  S.  D. 
vs.  Mifflin  Twp.  S.  D.,  207  Pa.  638. 

81  In  re  Jenkintown  School  District,  6  W.  N.  C  65;  Butler  Township 
School  District  vs.  Gordon  S.  D.,  10  Pa.  C.  C.  663;  In  re  Petition  of 
School  Board  of  Gilberton,  i  Leg.  Rec.  R.  11. 

82  Butler  Twp.  S.  D.  vs.  Gordon  S.  D.,  supra. 


50  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

school  land  and  houses,  and  pay  the  old  district  the  value  of  the 
excess  beyond  this  one-third.®^ 

Adjustment  Continued. 

44.  Another  duty  of  the  court  is  to  consider  whether  any 
money  is  on  hand  or  debt  unpaid  or  other  claims  collected  after 
the  settlement  of  all  accounts  of  the  current  year.  It  is  the 
duty  of  the  court  to  divide  the  money  or  debt  amongst  the 
districts  in  a  just  proportion.  Only  one  method  seems  to  have 
been  observed  for  ascertaining  this,  i.  e.,  that  of  ascertaining 
the  ratio  of  the  taxable  property  in  the  old  and  new  districts. 
If  the  new  district  has  one-third  of  the  whole  taxable  property 
of  the  original  district,  it  has  a  right  to  receive,^'*  or  having 
received,  to  retain  ^°  one-third  of  the  money  on  hand,  or  any  in- 
debtedness due  the  township,  or  moneys  arising  from  taxes  in 
the  duplicate  of  years  preceding  the  erection  of  the  new  district. 
The  moneys  collected  by  the  township  since,  but  due  at  the  time 
of  the  division,  the  new  district  has  a  right  to  share.  In  the 
case  of  personal  assets,  the  new  district  may  recover  from  the 
old  its  proportionate  share.^^ 

In  the  division  of  the  State  appropriation,  the  proper 
method  of  apportionment  is  based  upon  the  number  of  tax- 
able inhabitants,^^*  and  the  new  district  will  be  awarded  its 
share  though  the  sum  was  not  paid  by  the  State  until  after  an 
adjustment  was  made.^'^ 

A  debt  due  by  the  township  must  be  divided  in  the  same 
ratio  as  well  as  the  interest  which  has  accrued  upon  it.^^     In 

83  Williams  Twp.  vs.  Williamstown,  9  Pa.  C.  C.  65;  In  re  School  Dist. 
Luzerne  Borough,  3  Kulp  162. 

84  Butler  Twp.  S.  D.  vs.  Gordon  S.  D.,  10  Pa.  C.  C.  663 ;  Williams  Twp. 
vs.  Williamstown,  9  Pa.  C.  C.  65 ;  In  re  Petition  Sch.  Bd.  of  Gilberton,  i 
Leg.  Rec.  Rep.  11;  Appeal  of  S.  D.  of  Aleppo,  96  Pa.  76;  In  re  School 
Dist.  Luzerne  Borough,  3  Kulp  162. 

85  In  re  Petition  of  Sch.  Bd.  of  Gilberton,  i  Leg.  Rec.  Rep.  11. 

86  Appeal  S.  D.  of  Aleppo,  96  Pa.  76. 

86*  In  re  S.  D.  Luzerne  Borough,  3  Kulp  162;  Darby  Borough  S.  D., 
160  Pa.  79. 

87  Lower  Allen  Twp.  S.  D.  vs.  Shiremanstown  S.  D.,  91  Pa.  182. 

88  Williams  Twp.  vs.  Williamstown,  9  Pa.  C.  C.  65. 


SCHOOL  DISTRICTS.  5 1 

case  of  adjustment  where  the  new  school  district  is  found  to 
have  an  undue  proportion  of  the  land  and  school  houses,  inter- 
est is  allowable  from  a  point  of  time  subsequent  to  the  division 
of  the  district,  sufficiently  long  for  the  two  districts  to  have  hr.d 
their  liabilities  adjusted.^^  In  case  a  balance  is  found,  it  has 
been  said  that  interest  should  be  allowed  from  the  time  the 
possession  of  the  property  was  taken.^^ 

In  case  the  old  district  sues  the  new  district,  a  third  district 
since  erected  out  of  the  old,  has  no  right  to  intervene,  but  must 
await  the  determination  of  the  action,  and  then  secure  its  pro- 
portionate part,^^ 

A  review  of  the  proceedings  of  the  inferior  court  may  be 
had  upon  certiorari,  now  called  an  appeal.^^ 

In  case  of  an  adjustment  between  an  old  and  two  new  dis- 
tricts, an  appeal  by  one  of  the  two  new  districts  will  not  act 
as  a  supersedeas  as  to  the  decree  against  the  other,  but  an  exe- 
cution may  issue  against  it.  The  only  defense  in  such  case 
would  be  a  lack  of  funds,  in  which  case  a  special  tax  would  be 
ordered. ^^  The  amount  due  by  the  new  to  the  old  district  is  an 
asset  to  be  considered  in  determining  whether  the  limit  of  the 
borrowing  capacity  has  been  reached,  though  the  exact  amount 
due  has  not  as  yet  been  determined.^* 

Adjustment  Where  Lines  Altered  or  Independent  District  Abolished. 
45.  By  the  tenth  section  of  the  Act  of  April,  1862,^^  pro- 
vision was  made  for  adjustment  where  school  districts  were  al- 
tered or  independent  school  districts  abolished. 

89  Williams  Twp.  vs.  Williamstown,  9  Pa.  C.  C.  65 ;  here  costs  were  di- 
vided because  both  parties  were  at  fault. 

90  S.  D.  of  Twp.  of  Springfield  vs.  S.  D.  of  Boro.  of  Morton,  7  Dela.  583. 

91  Appeal  of  S.  D.  of  Aleppo,  96  Pa.  76.  , 

92  In  re  Abington  S.  D.,  84  Pa.  179.  There  was  an  appeal  in  In  re 
Jenkintown  S.  D.,  6  W.  N.  C.  65. 

93  S.  D.  of  Ridley  Twp.  vs.  S.  D.  of  Ridley  Park,  4  Del.  97. 

94  Dolan  et  al.  vs.  Lackawanna  Twp.  S.  D.,  10  D.  R.  694,  7  Lack.  L.  N. 
129. 

95  Act  April,  1862,  P.  L.  471,  i  P.  &  L.  Dig.  751. 


52  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

It  is  directed  that  the  school  real  estate  and  movable  property 
within  any  detached  portions  of  districts,  or  abolished  dis- 
tricts, shall  pass,  with  the  territory  on  which  they  are  situated 
to  the  district  or  districts,  to  which  such  territory  has  become 
detached,  or  reverts,  with  like  right  in  the  directors  thereof  to 
use  or  sell  the  same,  as  the  proper  directors  had,  before  the  al- 
teration, or  abolition ;  and  if  any  money  be  on  hand,  or  debt  un- 
paid, or  any  tax  or  other  claims  be  uncollected,  after  the  settle- 
ment of  all  discounts  of  the  current  year,  the  proper  court  shall 
divide  said  money,  or  debt,  amongst  the  districts  thus  acquiring 
territory,  in  such  proportion,  and  shall  make  such  orders  as  to 
uncollected  tax,  or  other  claims  due  by  said  abolished  district 
to  any  person  or  persons,  as  shall  be  just ;  and  any  sum  thus  de- 
creed to  be  due,  by  any  district,  to  any  district  or  individual, 
shall  be  entered,  in  the  nature  of  a  judgment,  against  the  same, 
and  shall  be  subject  to  execution  in  the  manner  prescribed  by 
the  2 1st  section  of  the  general  common  school  law,  of  the  8th 
of  May,  1854.  The  supplementary  legislation  of  1903,  provid- 
ing for  the  abolition  of  independent  school  districts,  created 
either  by  Act  of  Assembly  or  by  the  court  of  quarter  sessions, 
provides  for  the  apportionment  of  the  school  property  as  di- 
rected by  the  prior  laws.^^ 

This  section  of  the  Act  of  1862  given,  applies  to  all  cases 
where  there  is  an  alteration  by  the  court  or  by  the  lawful  action 
of  other  competent  authority.'''^  By  virtue  of  it,  the  old  district 
is  entitled  to  compensation  from  the  new  district  for  its  pro- 
portionate part  of  an  unpaid  debt,^^  but  no  provision  is  made 
for  the  payment  for  the  excessive  proportion  of  real  estate  re- 
ceived. 

Adjustment  Where  Lines  of  Borough  Altered. 

46.  When  a  borough  is  changed  in  dimension  by  addition  or 

96  Act  April  22,  1903,  P.  L.  237. 

97  In  re  Abington  School  Dist.,  84  Pa.  179. 

98  Wilkins  Twp.  S.  D.,  18  Pa.  Sup.  293. 


SCHOOL  DISTRICTS.  53 

subtraction,  there  must  be  an  adjustment  of  the  debts  and  of 
the  property  between  the  borough  and  the  township.  By  the 
Act  of  June  i,  1887,^^  the  court  is  directed  to  appoint  an  audi- 
tor who  shall  give  notice  of  time  and  place  of  meeting,  hear  the 
parties  and  make  a  report,  suggesting  a  form  of  decree,  adjust- 
ing liabilities  for  all  indebtedness,  and  the  value  of  property 
held  or  acquired  by  each.  The  court  shall  direct  the  amounts 
to  be  paid  by  one  to  the  other,  and  the  time  and  mode  of  pay- 
ment, and  if  necessary,  to  a  proper  and  just  adjustment  of  the 
same,  may  order  and  direct  a  special  tax  to  be  levied  upon  the 
property  so  annexed  to  or  detached  from  the  said  borough  for 
the  payment  of  so  much  of  the  indebtedness  as  may  be  awarded 
against  it,  and  direct  how  the  same  shall  be  assessed  and  col- 
lected. But  this  legislation  applies  only  where  the  change  was 
the  result  of  proceedings  in  court,  and  not  to  a  case  of  annexa- 
tion by  a  borough  council  unappealed  from.^*^° 

If  a  new  district  is  created  by  the  change  it  has  a  right  to  the 
share  of  the  value  of  the  real  estate  that  remains  with  the  old 
district,  and  the  old  district  has  a  right  to  a  share  of  the  real  es- 
tate taken  by  the  new.^*^^  In  adjusting  the  rights  of  the  sec- 
tions, what  the  property  would  bring  in  the  market  is  not  al- 
ways the  proper  measure  of  value.  A  court  house,  church  or 
school  house  is  worth  more  than  would  be  paid  for  it  for  other 
purposes.  The  school  houses  must  be  estimated  as  such^  if  they 
are  worth  more  as  such,  than  for  any  other  purposes. ^"^^ 

In  making  division  the  proper  ratio  of  distribution  is  the  as- 
sessed values  of  the  taxable  properties  in  the  respective  dis- 
tricts.^*^^     But  the  State  appropriation  should  be  divided  ac- 

99  Act  June  i,  1887,  P.  L.  285,  i  P.  &  L.  Dig.  383. 
100  Wilkins  Twp.  S.  D.,  18  Pa.  Sup.  293. 

loi  In  re  Division  of  Indebtedness  of  Darby  and  Collingdale  S.  D.,  19 
Pa.  C.  C.  314;  6  Del.  429;  10  York  60. 

102  In  re  S.  Dist.  of  Darby  and  Sharon  Hill,  2  D.  R.  485 ;  5  Del.  214. 

103  Act  June  24,  1895,  P.  L.  259,  Sec.  i,  i  P.  &  L.  Dig.  161. 


54  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

cording  to  the  ratio  of  the  taxables.^^^  In  forming 
the  values,  the  auditor  should  not  take  the  sum  of  all 
testified  to,  and  divide  the  same  by  the  number  of  witnesses. 
He  should  decide  the  case  by  the  weight  of  the  evidencc^^** 
An  appeal  may  be  had  from  the  decree  entered,  but  it  will  be 
treated  as  a  certiorari^  and  only  the  regularity  of  the  proceed- 
ings will  be  considered  by  the  appellate  court.^^^ 

This  legislation  provides  for  the  adjustment  of  indebtedness 
in  those  cases  only  in  which  the  court  of  quarter  sessions  has 
acquired  jurisdiction  to  enter  a  decree  changing  the  limits  of 
a  borough.  The  jurisdiction  is  not  limited  to  those  cases  in 
which  the  proceeding  has  had  its  origin  in  a  petition  directly 
to  the  court,  but  includes  those  cases  in  which  the  proceeding 
has  been  instituted  by  petition  to,  and  an  ordinance  of,  the 
borough  council,  and  of  which  the  court  has  acquired  jurisdic- 
tion by  appeal. ^"'^ 

Adjustment  Where  any  District  is  Enlarged. 

47.  By  subsequent  legislation,  ^"^^  further  provision  is  made 
for  adjustment  when  a  portion  of  the  district  is  annexed  to  any 
other  district.  The  court  of  quarter  sessions  is  directed  to  de- 
termine on  hearing  whether  an  undue  proportion  of  the  real 
estate  and  school  houses  belonging  to  the  old  district  is  within 
the  bounds  of  the  enlarged  district,  and,  if  so,  how  much  money 
shall  be  paid  therefor  to  the  old  district,  and  if  any  money  be 
on  hand,  or  debt  unpaid,  or  any  tax  or  other  claims  be  uncol- 
lected, after  the  settlement  of  all  such  accounts  prior  thereto, 
the  said  court  shall  divide  said  money  or  debt  amongst  the  dis- 
i-ricts  in  such  proportions  as  shall  be  just  making  the  proper 
orders  as  to  uncollected  tax  or  other  claims.    A  judgment  shall 

104  In  re  School  Dist.  of  Darby  and  Sharon  Hill,  supra;  In  re  School 
District  of  Luzerne  Borough,  3  Kulp  162.  The  same  basis  was  followed  in 
Darby  Borough  S.  D.'s  Appeal,  160  Pa.  79. 

105  In  re  S.  D.'s  of  Darby  and  Sharon  Hill,  supra. 

106  Darby  Borough  S.  D.'s  Appeal,  160  Pa.  79. 

107  Wilkins  Twp.  S.  D.,  18  Pa.  Sup.  293. 

108  Act  April  3,  1903,  P.  L.  142. 


SCHOOL  DISTRICTS.  55 

be  entered  for  any  sum  so  decreed,  which  shall  be  subject  to  ex- 
ecution as  provided  in  the  general  school  law  of  1854. 

Adjustment  Where  Township  is  Merged  into  One  or  More  Boroughs 
and  Ceases  to  Exist. 

48.  By  the  Act  of  June  24,  1895/^^  provision  is  made  for 
adjustment  in  case  a  new  district  is  formed  by  the  erection  of 
a  borough  out  of  any  township  which  ceases  to  exist,  and  in  case 
any  township  shall  be  merged  into  one  borough,  or  into  more 
than  one  borough. 

When  merged  into  one  borough,  the  school  district  of  the 
borough  shall  succeed  to  all  the  rights  and  liabilities  of  the 
school  district  of  the  township,  and  shall  be  substituted  for  it 
in  all  actions  pending  or  brought  in  behalf  of  or  against  it.^^*^ 

Where  the  township  is  merged  into  more  than  one  borough, 
the  court  of  common  pleas  of  the  proper  county,  sitting  in 
equity,  shall  adjust  and  apportion  the  indebtedness,  on  hearing, 
and  determine  the  proportionate  share  of  the  property  to  which 
each  district  is  entitled.  In  so  doing  reference  shall  be  had  to 
the  time  of  the  formation  of  the  new  district,  and  to  the  debts 
existing  at  the  end  of  the  current  school  year  in  which  it  was 
formed,  whether  since  paid  or  not,  and  also  to  the  amounts  of 
school  taxes  then  unexpended,  and  the  adjustment  shall  be 
based  upon  the  assessment  for  the  year  in  which  the  new  dis- 
trict was  formed.  Pending  actions  for  tort  shall  not  be  in- 
cluded unless  reduced  to  judgment  in  the  meantime. 

Three  months'  public  notice  shall  be  given  of  the  time  for 
presenting  claims.  Except  pending  actions,  claims  founded  on 
tort,  and  bonded  debt,  all  claims  will  be  debarred  if  not  offered. 
The  notice  shall  be  given  in  two  newspapers  of  the  proper 
county,  but  if  one  only  be  published,  then  in  that,  and  in  such 
other  manner  as  the  court  may  direct. 

The  court  may  make  proper  orders  as  to  the  collection  and 

109  Act  June  24,  1895,  P.  L.  259,  3  P.  &  L.  Dig.  161. 

no  Act  June  24,  1895,  P.  L.  259,  Sec.  9,  3  P.  &  L.  Dig.  164. 


56  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

payment  of  the  shares  of  the  indebtedness  due  by  the  districts, 
ordering  the  levy  of  a  tax,  if  necessary.  If  the  court  sees  fit,  a 
receiver  may  be  appointed  to  collect  moneys  due,  and  pay  over 
the  same  to  the  creditors. 

The  school  district  of  the  borough  shall  be  credited  with  the 
share  of  such  indebtedness  due  to  the  school  district  of  the 
township  and  also  with  its  share  of  any  unappropriated  balance 
in  the  treasury  of  the  school  district  of  the  township  at  the  end 
of  the  current  school  year,  during  which  the  district  was 
formed,  and  the  court  shall  have  power  to  equitably  adjust  and 
apportion  the  same.  The  costs  of  the  proceeding  shall  be  paid 
by  the  school  districts  in  such  proportions  as  the  court  shall 
adjudge.  Orders  of  the  court  are  to  be  enforced  by  attach- 
ment. 

This  legislation  does  not  repeal  any  existing  Act  of  Assem- 
bly applicable  to  the  same  subject  matter."^ 

Classification  of  School  Districts. 

49.  There  is  no  greater  constitutional  objection  to  the  classi- 
fication of  school  districts  than  of  cities.  Both  are  included 
in  the  same  clause  of  the  Constitution  prohibitory  of  local  or 
special  legislation,  and  there  is  no  argument  against  classifica- 
tion of  one  that  is  not  equally  forcible  against  the  other.  So 
legislation  providing  for  the  adjustment  of  indebtedness  in  cer- 
tain cases  is  not  unconstitutional.^^^  Or  making  special  regula- 
tions where  the  district  is  coterminus  with  a  city  of  the  third 
class.^^^  The  Legislature  may  therefore  make  special  provision 
for  school  districts  in  townships  of  the  first  class  or  of  the  sec- 
ond class.  Such  is  found  in  the  power  given  school  boards,  in 
townships  of  the  first  class  to  organize  mechanical  art  schools 
by  the  act  of  1901.^^^ 

111  Section  10. 

112  Sugar  Notch  Borough,  192  Pa.  349 — Act  of  June  i,  1887,  P.  L.  285,  i 
P.  &  L.  Dig.  383. 

113  Com.  vs.  Gilligan,  195  Pa.  504;  Com.  vs.  Guthrie,  203  Pa.  209. 

114  Act  Feb.  25,  1901,  P.  L.  10,  4  P.  &  L.  Dig.  861. 


CHAPTER  VI. 


ELECTION  DISTRICTS. 


SECTION  SECTION 

50.  Formation.  54.  Consolidation  of   election   dis- 

51.  Petition.  tricts. 

52.  Review.  55.  Change  of  polling  places. 

53.  Effect  of  division. 

Ecrmation. 

50.  The  nth  section  of  article  VIII  ^  of  the  Constitution  of 
Pennsylvania  ordains  that  ''Townships,  and  wards  of  cities  or 
boroughs,  shall  form  or  be  divided  in  election  districts  of  com- 
pact and  contiguous  territory  in  such  manner  as  the  court  of 
quarter  sessions  of  the  city  or  county  in  which  the  same  are  lo- 
cated may  direct;  but  districts  in  cities  of  over  100,000  inhabi- 
tants shall  be  divided  by  the  courts  of  quarter  sessions  having 
jurisdiction  therein,  whenever,  at  the  next  preceding  election, 
more  than  250  votes  shall  have  been  polled  therein;  and  other 
election  districts,  whenever  the  court  of  the  proper  county  shall 
be  of  opinion  that  the  convenience  of  the  electors  and  the  pub- 
lic interests  will  be  promoted  thereby."  This  clause  of  the  Con- 
stitution abrogated  previous  laws  respecting  the  forming  of 
election  districts.^ 

The  Legislature  cannot  deprive  the  court  of  quarter  sessions 
of  this  power.  Hence  that  court  may,  if  it  chooses,  ignore  the 
prescription  of  the  Act  of  May  18,  1876,^  which  commands 
it  to  confirm  the  report  of  appointed  commissioners  unless  ex- 

1  Sec.  II,  Art.  8,  Constitution  of  Pa.,  i  P.  &  L.  Dig.  78. 

2  In  re  District  Attorney  of  Dauphin  County,  11  Phila.  645. 

3  Act  May  18,  1876,  P.  L.  178,  i  P.  &  L.  Dig.  1766. 

57 


58  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

ceptions  are  filed  thereto  within  a  given  time.  It  may,  despite 
that  act,  divide  a  township  into  election  districts  without  ap- 
pointing commissioners,  on  an  unsworn  petition,  which  does 
not  aver  that  the  petitioners,  or  any  twenty  of  them,  are  free- 
holders, and  without  any  testimony  taken  for  the  information  of 
the  court.^  This  case  does  not  say  that -the  court  may  not  inform 
itself  by  the  report  of  the  commissioners  if  it  so  desires.^  But 
this  constitutional  provision  is  not  violated  by  the  Act  May 
14,  1874,^^  prescribing  a  way  in  which  the  court  may  divide 
boroughs  into  wards.^ 

A  school  district  constitutes  in  itself  an  election  district  for 
school  purposes.  So  residents  of  a  part  of  a  township,  annexed 
to  a  borough  for  school  purposes,  are  entitled  to  vote  for  school 
directors  in  the  latter.^ 

By  the  Act  of  May  18,  1876,^°  amended  in  the  second  section 
by  the  Act  of  June  24,  1885,^^  it  is  provided  that  "the  several 
courts  of  quarter  sessions  of  this  Commonwealth  shall  have  au- 
thority, within  their  respective  counties,  to  divide  townships 
into  two  or  more  election  districts,  so  as  to  suit  the  convenience 
of  the  inhabitants  thereof."  One  division  does  not  exhaust  the 
power  of  the  court  of  quarter  sessions.  Having  already  divided 
a  township  into  two  divisions  by  a  line  running  eastward  and 
westward,  that  court  may,  with  a  view  to  a  re-arrangement  of 
election  districts,  divide  the  entire  township  by  a  line  running 

4  In  re  Township  of  Bern,  115  Pa.  615. 

5  West  Brunswick  Election  District,  5  D.  R.  598.  In  re  New  Garden 
Election  District,  3  D.  R.  375.  In  North  Chester  Election  District,  3  Pa. 
C.  C.  247,  it  was  said  that  the  Legislature  had  the  power  to  regulate  the  man- 
ner and  fix  the  conditions  under  which  the  jurisdiction  of  the  court  shall  be 
exercised.  Hence,  the  court  held  that  a  petition,  with  a  jurat,  signed  by- 
twenty  electors,  was  necessary. 

7  Act  May  14,  1874,  P.  L.  159,  i  P.  &  L.  Dig.  385. 

8  In  re  Eighth  Ward  of  Norristown,  19  W.  N.  C.  510,  3  Pa.  C.  C.  475, 
3  Montg.  89. 

9  Colvin  vs.  Beaver,  94  Pa.  388. 

ID  Act  May  18,  1876,  P.  L.  178,  i  P.  &  L.  Dig.  1766. 
II  Act  June  24,  1885,  P.  L.  149,  i  P.  &  L.  Dig.  1767. 


ELECTION  DISTRICTS.  59 

north  and  south,  containing  a  portion  of  the  former  north  dis- 
trict with  the  residue  of  the  former  south  district  into  an  east- 
ern district,  and  the  residue  of  the  former  north  district  with 
the  residue  of  the  former  south  district  into  a  western  dis- 
trict. ^^  Such  re-arrangement  is  not  an  annexation  of  one  elec- 
tion district  to  another,  within  the  meaning  of  the  5th  section 
of  the  Act  of  May  18,  1876,  and  it  is  not  therefore  necessary 
to  submit  the  re-arrangement  to  a  vote  of  the  quaHfied  elec- 
tors. ^^  Not  only  may  a  township  be  divided,  but  a  previously 
existing  election  district  forming  a  fragment  of  such  township 
may  be  divided  so  that  from  part  of  such  district,  a  new  dis- 
trict may  be  erected.^"*  Although  the  court  of  quarter  sessions 
may,  insisting  on  its  constitutional  jurisdiction,  refuse  to  con- 
form to  the  Acts  of  May  18,  1876,  and  of  June  24,  1885,^^  it 
doubtless  may,  if  it  chooses,  conform  to  them. 

Petition. 

51.  The  jurisdiction  of  the  court  of  quarter  sessions  is  to  be 
invoked  by  petition.^®  This  must  be  an  application  by  at  least 
twenty  electors  of  the  township  or  election  district,  whose  di- 
vision is  sought.^ "^  If,  however,  less  than  this  number  of  quali- 
fied persons  are  discovered  to  have  signed  the  petition,  after  the 
appointment  of  commissioners,  but  before  they  have  reported, 
the  court  may,  on  an  affidavit  of  one  of  the  petitioners,  that  such 
.1  mistake  has  been  made,  and  praying  for  leave  to  amend  the 
petition  by  adding  additional  signatures,  permit  the  amend- 
ment.   Nor  will  a  re-appointment  of  the  commissioners  be  nec- 

12  In  re  Boggs  Township,  112  Pa.  145. 

13  In  re  Division  of  Nescopeck  Twp.,  i  Kulp  130. 

14  In  re  Election  District  in  Huntingdon  Twp.,  3  Kulp  367. 

15  In  re  Twp.  of  Bern,  115  Pa.  615;  Cf.  Shamokin  Borough  Division,  6 
Pa.  C.  C.  573.  In  re  Boggs  Twp.,  112  Pa.  145,  the  applicability  of  the  Act 
of  May  18,  1876,  is  tacitly  assumed. 

16  In  re  Township  of  Bern,  115  Pa.  615;  North  Chester  Election  Dis- 
trict, 3  Pa.  C.  C.  247. 

17  Scranton  Election  District,  i  Lack.  L.  Rec.  495;  In  re  Thirtieth  Elec- 
tion Division,  41  Leg.  Int.  16. 


6o  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

cssary  after  the  amendment. ^^  Of  the  petitioners  twenty  must 
be  electors,  but  they  need  not  be  freeholders.^^  Hence  the  peti- 
tion need  not  aver  that  they  are  freeholders.  But  it  should  aver 
that  they  are  electors.^*'  An  affidavit  of  the  truth  of  the  facts 
set  forth  in  the  petition  should  accompany  it.^^ 

It  should  not  specify  the  number  of  districts  to  be  produced 
by  the  division.  The  commissioners  and  court  must  have  an 
untrammeled  discretion  in  this  respect.^^  If  the  petition  is 
defective,  the  court  may  permit  an  amended  one  to  be  filed.^^ 
On  the  presentation  of  the  petition  to  the  court  at  a  regular 
term  ^'^  the  court  shall  appoint  three  impartial  men  to  inquire 
into  the  propriety  of  granting  the  prayer  made.  It  is 
the  duty  of  these  commissioners,  or  of  any  two  ^^  of  them,  to 
make  a  report,  accompanying  which  shall  be  a  plot  or  draft  of 
the  proposed  new  election  district  or  districts,  if  the  same  can- 
not be  fully  designated  by  natural  lines  or  boundaries.^^  They 
may  prepare  the  plot  with  their  own  hands,  may  employ  another 
to  make  it,  or  may  adopt  one  prepared  by  counsel  or  the  parties 
in  interest.^  ^ 

On  the  return  of  the  report  of  the  commissioners,  which  must 
take  place  at  the  term  of  court  next  succeeding  that  at  which 

i8  In  re  Election  District  in  Huntingdon  Township,  3  Kulp  367,  La  Porte 
Twp.  Polling  Place,  19  Pa.  C.  C.  497. 

19  Act  June  24,  1885,  P.  L.  149,  i  P.  &  L.  Dig.  1767. 

20  North  Chester  Election  District,  3  Pa.  C.  C.  247. 

21  North  Chester  Election  District,  3  Pa.  C.  C.  247;  In  re  Thirtieth 
Election  District,  41  Leg.  Int.  16,  See  LaPorte  Twp.  Polling  Place,  19  Pa. 
C.  C.  497- 

22  North  Chester  Election  Dist,  3  Pa.  C.  C.  247.  In  In  re  Boggs  Twp., 
112  Pa.  145,  the  petition  asked  for  an  inquiry  into  the  propriety  of  dividing 
the  township  into  two  or  more  election  districts.  No  remarks  are  made  on 
this  point. 

23  North  Chester  Election  Dist.,  3  Pa.  C.  C.  247. 

24  Scranton  Election  Dist,  i  Lack.  Leg.  Rec.  495 — this  proceeding  was 
urder  the  Act  of  1876. 

25  In  re  Boggs  Twp.,  112  Pa.  145. 

26  Act  June  24,  1885,  P.  L.  149,  i  P.  &  L.'Dig.  1767. 

27  North  Chester  Election  Dist.,  3  Pa.  C.  C.  247. 


ELECTION  DISTRICTS.  6l 

they  were  appointed,^^  and  which  must  be  accompanied  by  the 
opinion  of  the  commissioners  as  to  the  propriety  of  the  di- 
vision 2^  the  report  is  to  be  confirmed  nisi  by  the  court,  and  this 
conditional  confirmation  will  become  absolute,  unless  excep- 
tions are  filed  to  it  not  later  than  the  third  day  of  the  next 
term  of  court.^*'  These  exceptions  may  be  based  on  the  ab- 
sence of  the  affidavit  to  the  petition,  or  upon  a  failure  to  aver 
that  the  petitioners  are  at  least  twenty  electors;  on  its  im- 
proper specification  of  the  number  of  districts  to  be  produced 
by  the  division;  or  on  the  failure  of  the  commissioners  to  re- 
port a  plot,  or  to  the  fact  that  the  reported  one  was  not  prepared 
by  themselves;  ^^  on  the  supposed  excess  of  authority  assumed 
by  the  commissioners  in  subdividing  two  contiguous  election 
districts,  and  coupling  each  of  the  sub-divisions  of  one  with 
the  adjacent  subdivisions  of  the  other,  thus  forming  new  di- 
visions.^^ The  exception,  if  founded  on  matters  of  fact,  must 
be  disposed  of  on  evidence,  as  the  court  shall  deem  best.  If 
the  court  finds  the  petition  defective,  it  may  give  leave  to  the  pe- 
titioners to  file  an  amended  one,  within  a  limited  time,  and  di- 
rect that  if,  within  that  time,  such  amended  petition  be  filed,  it 
shall  be  committed  to  the  same  commissioners,  who  shall  hear 
the  parties  and  report  de  novo.^^  If  it  is  satisfied  that  a  di- 
vision ought  to  be  made,  it  can  so  decree,  though  the  proceed- 
ings be  irregular,  since  the  power  to  divide  is  vested  in  the 
court,  by  section  eleven  of  article  8  of  the  Constitution.^^ 

The  report  of  the  commissioners  favoring  the  division  is 
entitled  to  great  weight,  and  should  not  be  overruled,  unless  the 

28  Act  June  24,  1885,  P.  L.  149,  i  P.  &  L.  Dig.  1767,  Scranton  Election 
Dist.,  I  Lack.  Leg.  Rec.  495. 

29  Act  June  24,  1885,  P.  L.  149,  i  P.  &  L.  Dig.  1767. 

30  Act  May  18,  1876,  P.  L.  178,  Sec.  3,  i  P.  &  L.  Dig.  1767. 

31  North  Chest.  El.  Dist.,  3  Pa.  C.  C.  247;  LaPorte  Twp.  Polling  Place, 
19  Pa.  C.  C.  497 ;  Shamokin  Boro.  Div.,  6  Pa.  C.  C.  573. 

32  In  re  Boggs  Twp.,  112  Pa.  145. 

33  North  Chester  Elec.  Dist.,  3  Pa.  C.  C.  247. 

34  LaPorte  T\vp.  Polling  Place,  19  Pa.  C.  C.  497- 


62  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

court  is  clearly  satisfied  that  it  is  erroneous. ^^  But  if  the  court 
is  not  satisfied  that  a  new  district  is  necessary  to  prevent  diffi- 
culty in  receiving  the  vote,  it  will  refuse  to  so  decree.^^  So  if 
not  satisfied  with  the  propriety  and  a  majority  of  the  electors 
are  opposed,  it  will  refuse  a  division.^'''  The  Act  of  1876,  with 
its  amendment  of  1885,  provides  a  complete  method  for  di- 
vision. Hence,  on  a  favorable  report  of  the  commissioners,  the 
question  will  not  be  submitted  to  a  vote  of  the  people.  ^^ 

Review. 

52.  If  desired,  a  review  may  be  had,  if,  in  the  opinion  of  the 
court,  it  is  necessary  to  secure  a  fair  adjudication;  but  the  re- 
view must  be  asked  for  before  the  final  confirmation  of  the  com- 
missioners' report.^^  The  review  is  not  demandable  of  right, 
nor  can  the  court  award  it  of  its  own  motion.  That  there  are  no 
exceptions  to  the  report  of  the  commissioners,  is  no  obstacle  to 
granting  it.  A  request  for  a  review  would  probably  not  be  too 
late,  although,  in  support  of  exceptions,  testimony  had  been 
taken,  and  the  confirmation  of  the  report  delayed  several  terms. 
On  the  other  hand,  there  is  no  necessity  to  refuse  the  request 
for  a  review  until  the  testimony  has  been  taken.  The  review 
may  be  granted  as  well  when  the  commissioners  have  re- 
ported favorably  to  a  division  of  the  township  for  electoral 
purposes  as  when  they  have  reported  contrariwise.  The  whole 
question  of  the  propriety  of  the  division,  and  not  merely  the 
exceptions  to  the  report  of  the  commissioners,  is  to  be  referred 
to  and  considered  by  the  reviewers.  But  when  there  are  no  ex- 
ceptions to  the  report  of  the  commissioners,  the  petition  for  a 
review  should,  on  its  face,  show  reasons  for  such  review,  or 
proofs,  informing  the  court  of  the  necessity  for  such  review, 

35  In  re  Elec.  Dist.  in  Huntingdon  Twp.,  3  Kulp  367. 

36  New  Garden  Election  District,  3  D.  R.  375. 

37  West  Brunswick  Election  District,  5  D.  R.  598. 

38  In  re  Division  of  Nescopeck  Twp.,  i  Kulp  130. 

39  Sec.  3,  Act  May  18,  1876,  P.  L.  178,  i  P.  &  L.  Dig.  1767.  A  review 
was  refused  in  In  re  Boggs  Twp.,  112  Pa.  145. 


ELECTION  DISTRICTS.  63 

should  accompany  it.^^  When  the  reports  of  the  commission- 
ers and  of  the  reviewers  are  conflicting,  the  court  is  not  bound 
to  confirm  the  later  of  the  two.^^ 

To  the  report  of  the  reviewers  exceptions  may  be  filed.  If 
deemed  insufficient  by  the  court,  they  will  be  overruled.^^  And 
the  report  opposing  a  division  may  be  confirmed,  and  that  of 
the  commissioners,  favoring  a  division,  set  aside.^^  Considera- 
tions which  may  influence  the  court  in  refusing  a  division  are : 
The  advantages  of  a  single  central  voting  place  in  facilitating 
the  discussion  of  township  affairs;  the  opinion  of  the  review- 
ers; the  smallness  of  the  number  of  voters  in  the  existing  dis- 
trict, and  of  those  of  them  who  are  accustomed  to  vote;  the 
centrality  of  the  present  polling  place,  the  convenience  with 
v/hich  it  is  reached  from  all  parts  of  the  township;  the  ear- 
nest opposition  of  a  very  large  number  of  the  inhabitants;  the 
recantation  of  many  who  originally  petitioned  for  the  di- 
vision.** There  is  no  review  in  the  Supreme  Court  on  the 
merits.    The  question  of  jurisdiction  will  be  there  considered.*^ 

Effect  of  Division. 

53.  By  the  fourth  section  of  the  Act  of  1876,*^  the  court  of 
quarter  sessions  is  directed,  when  the  report  is  confirmed  to  de- 
cree and  establish  the  place  for  holding  the  elections  in  the  new 
election  district,  and  to  appoint  the  election  board,  for  holding 
elections  in  the  new  district,  until  the  election  board  shall  be 
elected  for  the  same,  as  provided  for  by  law.*'^  Under  the 
statute  prior  to  1874,  it  was  held  that  the  erection  of  the  new 

40  In  re  Division  of  Jackson  Township,  2  Kulp  340. 

41  In  re  Division  of  Jackson  Township,  2  Kulp  340. 

42  In  re  Division  of  Jackson  Township,  2  Kulp  340,  an  exception  deemed 
ineffectual  was  that  there  had  been  no  exceptions  to  thei  report  of  the  com- 
missioners. 

43  In  re  Division  of  Jackson  Township,  3  Kulp  524. 

44  In  re  Division  of  Jackson  Township,  3  Kulp  524. 

45  In  re  Boggs  Township,  112  Pa.  145. 

46  Act  May  18,  1876,  P.  L.  178,  i  P.  &  L.  Dig.  1767. 

47  In  re  District  Attorney,  11  Phila.  645. 


64  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

district,  took  away  the  powers  of  the  election  officers. ^^  In  a 
proceeding  under  the  Act  of  January  30,  1874,'*''  now  amended 
by  the  Act  of  May  18,  1893,^^  which  gave  the  court  of  com- 
mon pleas  power  to  appoint  in  such  case,  it  was  said  that  when 
a  new  district  was  created  entirely  from  an  old  district,  that  the 
old  election  officers  should  continue  to  act  in  the  division  bear- 
ing the  old  designation,  and  that  new  officers  must  be  appointed 
for  the  new  district.^-^  There  is  no  doubt  that  the  jurisdiction 
to  appoint  now  rests  in  the  court  of  quarter  sessions  by  virtue 
of  section  11  of  article  8  of  the  Constitution,  and  of  the  Act 
of  May  18,  1876.  The  provision  in  the  Act  of  1874,  giving 
jurisdiction  to  the  court  of  common  pleas  was  amended  by  the 
Act  of  May  18,  1893,  by  striking  out  all  reference  to  the  va- 
cancies in  election  offices  existing  by  reason  of  the  formation  of 
new  districts. 

Consolidation  of  Election  Districts. 

54.  By  virtue  of  the  Act  of  1895,  the  court  of  quarter  ses- 
sions of  the  county,  in  which  the  election  districts  are  situated, 
is  given  jurisdiction,  upon  a  petition  of  a  majority  of  the 
qualified  electors  voting  at  the  last  general  election  in  each  of 
the  two  or  more  adjoining  election  districts,  to  consolidate  the 
same.  When  this  is  done  the  court  is  directed  to  appoint  the 
necessary  election  officers,  and  to  fix  the  place  for  holding  the 
first  election  thereafter  in  the  consolidated  district.^-  Section 
5  of  the  Act  of  May  18,  1876,^^  had  previously  fixed  a  method 
of  consolidation  by  proceedings  similar  to  those  required  for 
the  division  of  the  district,  with  the  additional  provision  that 
the  report  of  the  commissioners  should  be  submitted  to  a  popu- 
lar vote  at  a  special  election. 

48  Penn  Dist.  Election  Case,  Brightly  E.  C.  517. 

49  Act  Jan.  30,  1874,  P.  L.  31,  Sec.  6,  i  P.  &  L.  Dig.  i72in. 

50  Act  May  18,  1893,  P.  L.  loi,  Sec.  i,  i  P.  &  L.  Dig.  1721. 

51  Doulan's  Case,  i  W.  N.  C.  12.    See  Gibbons  vs.  Sheppard,  2  Brewst.  i. 

52  Act  June  26,  1895,  P.  L.  377,  3  P.  &  L.  Dig.  274. 

53  Act  May  18,  1876,  P.  L.  178,  Sec.  5,  i  P.  &  L.  Dig.  1768. 


ELECTION  DISTRICTS.  65 

Change  of  Polling  Places  in  Election  Districts. 

55.  Provision  was  made  by  the  Act  of  May  i8,  1893,^*  for 
the  change  of  polling  places.  By  virtue  of  it  the  court  could 
change  the  same  to  a  place  more  centrally  located  or  more  de- 
sirable.^^ A  different  method  was  provided  by  the  Act  of 
1903,^^  which  repealed  all  acts,  or  parts  of  acts,  general  or 
local,  inconsistent  with  its  provisions.  It  made  such  action  law- 
ful by  the  county  commissioners  for  any  reason  they  deem 
proper  upon  petition  of  at  least  ten  qualified  electors  of  any 
township  election  division  made  at  least  three  weeks  prior  to 
any  election.  The  commissioners  are  given  discretion  to  direct 
an  election  to  settle  the  question  as  to  where  the  said  polling 
place  shall  be  located. 

54  Act  May  18,  1893,  P.  L.  106,  i  P.  &  L.  Dig.  1764.  See  also  Act  of 
July  2,  1839,  P.  L.  519,  I  P.  &  L.  Dig.  1764,  as  modified  by  the  Act  of  April 
20,  1854,  P.  L.  419,  as  to  the  change  in  polling  places  for  township  elections. 
As  to  the  effect  of  the  Act  of  1893,  see  Porter  Twp.  Election  Case,  5  Pa. 
C.  C.  217.  As  to  change  because  of  unfitness,  see  Act  of  April  17,  1866,  P. 
L.  107,  I  P.  &  L.  Dig.  1765,  as  modified  by  the  Act  of  April  15,  1867,  P.  L. 
86,  I  P.  &  L.  Dig.  1765.  As  to  change  because  of  malignant  disease,  see 
Act  of  July  2,  1839,  P.  L.  519,  I  P.  &  L.  Dig.  1765.  Or  from  other  un- 
avoidable causes,  see  Act  June  13,  1883,  P.  L.  124,  Sec.  i,  i  P.  &  L.  Dig.  1766 

55  Polling  Place  of  the  Second  Division  of  the  Seventh  Ward,  8  D.  R 
208 ;  In  re  Polling  Place,  9  Kulp  533. 

56  Act  April  14,  1903,  P.  L.  187. 


CHAPTER  VII. 


POOR  DISTRICTS. 


56.  Overseers  of  poor.  59.  Expenditures. 

57.  County  poor  districts.  60.  Completion  of  poor  houses. 

58.  Poor  houses.  61.  Boards  of  Directors. 

Overseers  of  the  Poor. 

56.  The  Act  of  March  9,  1771,^  provided  for  the  election  of 
two  overseers  of  the  poor  in  every  borough  and  township  within 
the  Commonwealth.  By  the  Act  of  April  15,  1834,^  this  office 
v/as  abolished,  and  the  powers  imposed  were  transferred  to  the 
supervisors.  This  legislation  was  again  repealed,  except  as  to 
certain  counties  by  the  Act  of  February  28,  1835,^  ^^^  over- 
seers of  the  poor  were  again  provided  for.  Similar  officers  are 
provided  for  in  the  general  Act  of  June  13,  1836.^  The  Act  of 
June  4, 1883,^  amended  the  Act  of  June  27, 1881,^  and  regulated 
the  election  of  such  overseers.  This  legislation  was  in  turn 
amended  by  the  Act  of  April  20,  1903,''^  which  provided  for  the 
election  of  two  overseers,  of  which  one  could  be  a  female.  It 
did  not  apply  to  counties  having  a  county  poor  house,  managed 
by  directors,  elected  for  that  purpose,  or  by  commissioners  of 
such  county,  nor  to  districts  having  poor  houses,  managed  by 
directors  of  the  poor. 

1  Act  March  9,  1771,  i  Sm.  L.  332. 

2  Act  April  IS,  1834,  P.  L.  554,  2  P.  &  L.  Dig.  4698. 

3  Act  Feb.  28,  1835,  P.  L-  45,  2  P.  &  L.  Dig.  4698. 

4  Act  June  13,  1836,  P.  L.  541. 

5  Act  June  4,  1883,  P.  L.  66,  Sec.  i,  2  P.  &  L.  Dig.  3526. 

6  Act  June  27,  1881,  Sec.  i,  P.  L.  120. 

7  Act  April  20,  1903,  P.  L.  246. 

66 


POOR  DISTRICTS.  67 

County  Poor  Districts. 

57.  By  local  legislation  prior  to  the  Constitution  of  1874, 
special  provision  was  made  for  the  erection  of  poor  houses  for 
an  entire  county,  and  for  the  management  of  the  same  by  a 
board  of  poor  directors.  New  legislation  was  enacted  June  4, 
1879,^  which  was  intended  to  establish  a  general  system  for  the 
relief  and  employment  of  the  destitute  poor  throughout  the 
State,  its  general  plan  or  purpose  being  that  each  county 
shall  be  or  become  a  single  poor  district.^  The  consti- 
tutionality of  this  legislation  was  at  first  doubted. ^*^  But  has 
now  been  approved.  ^^ 

Poor  Houses. 

58.  The  question  of  the  purchase  of  land  for  the  erection  of 
a  poor  house  is  to  be  submitted  to  the  electors.^ ^  The  form  of 
the  ballot  to  be  used  is  set  forth  in  section  4  of  the  same  act.^^ 
A  defect  in  the  form  of  these  ballots  will  not  authorize  the  in- 
terference of  a  court  in  equity,  where  the  vote  was  in  favor  of 
the  poor  house,  as  a  result  of  which  the  land  has  been  pur- 
chased, contracts  made,  and  liabilities  incurred.^^  Before  the 
commissioners  shall  submit  the  question  to  the  people  a  petition 
shall  be  presented  to  the  court  of  quarter  sessions  by  a  ma- 
jority of  the  overseers  of  the  poor  in  office  in  said  county  at 
the  time  of  the  signing  of  the  petition,  whereupon  the  court  will 
order  an  election  to  be  held  at  the  time  for  holding  township 
elections  in  February,  at  the  general  election  in  November,  or 
at  a  special  election  ordered  by  the  said  court  for  the  purpose. 

8  Act  June  4,  1879,  P.  L.  78,  2  P.  &  L.  Dig.  3510. 

9  Jenks  Township  Poor  District  vs.  Sheffield  Township  Poor  District, 
13s  Pa.  400. 

10  Jenks  Township  Poor  District  vs.  Sheffield  Township  Poor  District, 
supra. 

11  Rose  vs.  Beaver  County,  204  Pa.  372,  affirming  20  Pa.  Sup.  no.  Com- 
monwealth vs.  Summerville,  204  Pa.  300. 

12  Act  June  4,  1879,  P.  L.  78,  Sec.  3,  2  P.  &  L.  Dig.  351 1. 

13  The  proper  form  is  found  in  Elkin  vs.  Potter  County  Poor  District, 
215  Pa.  C.  C.  531,  s.  c.  4  Dauphin  County  213. 

14  Elkin  vs.  Potter  County  Poor  District,  supra. 


68  LAW    OP'  TOWNSHIPS   IN    PENNSYLVANIA. 

Such  elections  shall  be  conducted  by  the  regular  election  offi- 
cers, according  to  the  laws  governing  municipal  and  general 
elections  within  the  Commonwealth.  Sixty  days'  notice  of 
such  election  shall  be  given  by  the  sheriff  of  the  county  by 
publication  in  two  newspapers  published  within  said  county. ^^ 

Expenditures. 

59,  To  carry  out  the  purpose  of  the  Act  of  1879,  after  voting 
in  favor  of  a  poor  house,  county  commissioners  are  authorized 
to  borrow  money  and  issue  bonds  therefor,  and  negotiate  the 
same  for  the  purpose  of  raising  money  necessary  to  carry  out 
these  provisions.  Such  bonds  shall  not  be  for  less  than  $100,00. 
nor  bear  interest  at  a  higher  rate  than  6  per  cent.  They  shall 
be  payable  by  the  said  poor  district,  and  shall  not  be  sold  below 
par;  they  are  only  subject  to  taxation  for  State  purposes. ^^ 

Completion  of  Poor  Houses. 

60.  When  the  poor  house  is  completed,  personal  notice  of  the 
same  must  be  given  to  each  of  the  overseers,  and  also  by  publi- 
cation in  at  least  one  newspaper,  published  in  said  county.^'' 
And  the  overseers  shall  remove  the  poor  persons,  entitled  to  re- 
lief to  the  said  poor  house,  and  deliver  them  to  the  custody  of 
the  Director  or  Superintendent.^^  After  the  delivery  of  the 
paupers,  all  claims  and  demands  in  favor  of  or  against  the  sev- 
eral poor  districts  of  said  county  shall  be  fully  settled  and  ad- 
justed by  the  overseers  thereof,  and  after  such  claims  and  de- 
mands are  so  settled  and  adjusted,  all  moneys  from  whatever 
source  derived,  remaining  in  the  hands  of  overseers,  as  well  as 
all  uncollected  taxes  levied  for  the  support  of  the  poor  of  such 
district,  shall  be  paid  over  to  the  supervisors  of  the  highways  of 

15  Act  June  19,  1897,  P.  L.  175,  3  P.  &  L.  Dig.  465. 

16  Act  June  4,  1879,  P.  L.  78,  Sec.  5,  2  P.  &  L.  Dig.  351 1. 

17  Act  June  4,  1879,  P.  L.  78,  Sec.  9,  2  P.  &  L.  Dig.  3512. 

18  Act  June  4,  1879,  Sec.  10,  2  P.  &  L.  Dig.  3512. 


POOR  DISTRICTS.  69 

said  county,  to  be  by  them  applied  as  road  tax  is  applied  by  law 
in  said  county.  ^^ 

Boards  of  Directors. 

61.  The  Act  of  May  i8,  1878,^*^  provided  for  the  election  of 
five  directors  at  the  general  election  for  a  term  of  two  years,  in 
which  no  elector  should  vote  for  more  than  three  candidates. 
Such  directors  shall  take  their  seats  on  the  first  Monday  in  Jan- 
uary after  said  election,  or,  if  appointed  by  the  court,  within 
ten  days  after  due  notice.  Before  any  director  enters  upon  the 
duties  of  his  office  he  shall  take  an  oath  or  affirmation,  as  pre- 
scribed by  the  first  section  of  the  7th  article  of  the  Constitu- 
tion. At  the  first  regular  meeting  the  board  of  directors  shall 
divide  the  county  into  five  districts,  as  nearly  equal  as  possible, 
assigning  one  of  their  number  to  each  district,  who  shall  have 
general  oversight  of  such  cases  as  should  have  come  under  the 
care  of  the  county.^^  This  act  applied  only  where  a  county 
home  had  been  provided  under  the  general  laws.^^  In  case  of 
vacancies  in  the  office  of  directors,  the  court  of  quarter  sessions 
shall  appoint,  until  the  next  general  election.^^  At  such  elec- 
tion a  director  shall  be  chosen  for  the  unexpired  term.^'* 

19  Act  March  5,  1903,  P.  L.  9. 

20  Act  May  18,  1878,  P.  L.  62,  Sec.  i,  2  P.  &  L.  Dig.  3521. 

21  Act  May  18,  1878,  P.  L.  6^,  Sec.  11,  2  P.  &  L.  Dig.  3522. 

22  Act  May  18,  1878,  P.  L.  63,  Sec.  i,  2  P.  &  L.  Dig.  3521. 

23  Act  May  8,  1876,  P.  L.  149,  Sec.  12,  2  P.  &  L.  Dig.  3525. 

24  Act  June  24,  1885,  P.  L.  163,  2  P.  &  L.  Dig.  3525. 


CHAPTER  VIII. 


TOWNSHIP  OFFICERS ASSESSORS. 


62.  Township  officers.  70.  Notice  of  assessment. 

63.  Filling  of  vacancies.  71.  Appeals. 

64.  Assessors.  72.  Reassessments. 

65.  Assistant  assessors.  TZ-  Penalty  for  neglect. 

66.  Oath.  74.  Other  duties. 

67.  Duties.  75.  Vacancy. 

68.  Manner   and   place   of   assess-  76.  Compensation. 

ment.  tj.  School  assessors. 

69.  Where  assessed. 

Township  Officers. 

62.  In  townships  of  the  first  class  the  officers  designated  by 
law  are  commissioners,  a  treasurer,  an  assessor,  auditors  and  a 
town  clerk.  All  are  to  be  chosen  by  a  popular  vote  on  the  third 
Tuesday  of  February  in  each  year  when  a  vacancy  exists,  ex- 
cept the  town  clerk,  who  is  selected  by  the  board  of  commis- 
sioners. The  official  term  of  the  above  named  officers  shall 
commence  on  the  first  Monday  in  March  and  continue  until  the 
election  and  qualification  of  their  successors.^ 

In  townships  of  the  second  class  the  electors  shall  choose  an 
assessor,  two  supervisors,^  and  a  township  treasurer,  a  tax  col- 
lector and  a  town  clerk,  and  three  township  auditors.^ 

The  election  shall  be  held  on  the  third  Tuesday  of  February 

1  Act  April  28,  1899,  p.  L.  104,  4  P.  &  L.  Dig.  914. 

2  In  the  Counties  of  Erie,  Franklin,  Wayne,  Venango,  Warren,  Susque- 
hanna, Bradford,  Tioga  and  Luzerne,  three  shall  be  elected. 

3  Act  April  15,  1834,  P.  L.  537,  Sec.  81,  and  the  Supplement  of  February 
28,  1835,  P.  L.  45,  Sec.  8,  2  P.  &  L.  Dig.  4693-4. 

70 


TOWNSHIP  OFFICERS ASSESSORS.  7I 

in  each  year  when  a  vacancy  exists,^  and  the  terms  of  the  new 
officers  shall  commence  on  the  first  Monday  of  March.^ 

The  election  shall  be  held  between  the  hours  and  by  the  per- 
sons appointed  to  hold  the  election  of  inspectors  and  assessors.^ 
Only  electors  of  the  township  shall  be  eligible  to  election.'^ 
When  chosen,  the  officer  is  bound  to  serve,  though  he  cannot  be 
compelled  to  act  for  more  than  three  years  in  twelve.  If  he 
refuses  to  assume  the  duties  of  his  office,  after  being  duly  noti- 
ced of  his  election,  he  shall  forfeit  and  pay  the  sum  of  twenty 
dollars.^  Every  person  elected  or  appointed  to  any  township 
office  shall,  before  entering  upon  his  duties,  take  and  subscribe 
to  an  oath  or  affirmation,  before  some  person  having  authority 
to  administer  oaths,  to  support  the  Constitution  of  the  United 
States  and  that  of  the  Commonwealth  and  perform  the  duties 
of  his  office  with  fidelity;  a  copy  of  which  oath  or  affirmation 
certified  by  the  person  by  whom  the  same  shall  be  administered, 
shall  within  ten  days  thereafter  be  filed  with  the  town  clerk,  if 
there  be  one  in  such  township,^ 

Filling  of  Vacancies. 

6T).  The  Act  of  1834  provided  generally  for  the  filling  of 
vacancies  in  township  offices,  as  follows : 

"If  the  electors  of  any  township  shall  fail  to  choose  any 
township  officer,  other  than  assessor,  assistant  assessor  or  con- 
stable, or  if  any  person  elected  to  such  office,  shall  neglect  or 
refuse  to  serve  therein,  or  if  any  vacancy  shall  happen  in  such 
office,  by  death  or  otherwise,  it  shall  be  lawful  for  the  court  of 
quarter  sessions  of  the  proper  county,  to  appoint  a  suitable  per- 
son to  fill  such  office  until  the  next  annual  election."  '^^    This 

4  Act  March  10,  1875,  P.  L.  6,  Sec.  i,  2  P.  &  L.  Dig.  4694. 

5  Act  June  4,  1879,  P.  L.  94,  Sec.  i,  2  P.  &  L.  Dig.  4695. 

6  Act  July  2,  1839,  P.  L.  519,  Sec.  53,  2  P.  &  L.  Dig.  4695- 

7  Act  April  15,  1834,  P.  L.  537,  Sec.  84,  2  P.  &  L.  Dig.  4695. 

8  Act  April  15,  1834,  P-  L-  537,  Sec.  85,  2  P.  &  L.  Dig.  4696. 

9  Act  April  IS,  1834,  P.  L.  537,  Sec.  86,  2  P.  &  L.  Dig.  4696. 
TO  Act  April  15,  1834,  P.  L.  537,  Sec.  83,  2  P.  &  L.  Dig.  4696. 


72  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

legislation  is  subject  to  some  modification  by  subsequent  enact- 
ments, which  will  be  noticed  in  the  discussion  of  the  separate 
offices. 

Township  Assessors. 

64.  In  townships  of  the  first  class  the  electors  are  directed 
10  select  a  township  assessor  in  every  third  year,  who  shall  hold 
office  for  a  period  of  three  years."  The  duties  of  this  office 
are  the  same  as  those  prescribed  for  assessors  in  townships  of 
the  second  class.  By  the  Act  of  1903  the  qualified  electors  are 
directed  to  choose  two  assistant  assessors  in  every  year  in  which 
the  triennial  assessment  of  property  for  taxation  is  made.  The 
assessor  and  his  assistants  shall  make  the  triennial  assessment 
subject  to  revision  of  the  county  commissioners,  and  to  appeal 
by  taxable  persons.  The  duties  of  the  assistants  are  confined  to 
the  valuation  of  property,  and  do  not  include  the  work  of  the 
election  assessor.  Their  compensation  is  fixed  at  five  dollars 
per  diem  for  each  day  actually  employed  in  the  duties  of  their 
office.^^ 

In  townships  of  the  second  class  a  properly  qualified  person 
is  to  be  elected  triennially.^^  His  duties  shall  terminate  on 
the  day  after  the  holding  of  the  general  elections  at  which  time 
the  duties  of  the  assessor  elected  at  the  preceding  township  elec- 
tion shall  commence.^^ 

Assistant  Assessors. 

65.  By  the  Act  of  1834,^^  two  assistant  assessors  were  di- 
rected to  be  elected  annually.  This  office  no  longer  exists  by 
virtue  of  that  legislation.     The  Act  of  February  14,  1889,^® 

11  Act  April  28,  1899,  p.  L.  104,  Sec.  4,  4  P.  &  L.  Dig.  914. 

12  Act  April  23,  1903,  P.  L.  284. 

13  Act  Feb.  14,  1889,  P.  L.  7,  Sec.  i,  2  P.  &  L.  Dig.  4687. 

14  Act  March  4,  1842,  P.  L.  43,  Sec.  66,  2  P.  &  L.  Dig.  4687.  Query.— 
Is  this  Act  repealed  by  the  Act  of  March  10,  1875,  P.  L.  6,  taken  in  connec- 
tion with  the  Act  of  June  4,  1879,  P.  L.  94,  which  Acts  direct  that  the  terms 
of  township  officers  shall  begin  on  the  first  Monday  in  March  ? 

15  Act  April  15,  1834,  P.  L.  537,  Sec.  81,  2  P.  &  L.  Dig.  4693. 

16  Act  Feb.  14,  1889,  P.  L.  7,  2  P.  &  L.  Dig.  4687. 


TOWNSHIP  OFFICERS ASSESSORS.  73 

repealed  that  provision.^ '^  This  legislation  is  not  unconstitu- 
tional as  local  or  special.^ ^  It  was  amended  on  May  8,  1889/® 
so  as  to  impose  also  upon  the  assessors,  elected  in  pursuance  of 
it,  duties  relating  to  elections  as  well  as  to  the  valuation  of 
property.  By  the  Act  of  1891,^^  assistant  assessors  were  pro- 
vided for  when  the  township  contained  more  than  one  election 
district.  In  such  case  an  assistant  assessor  shall  be  elected  an- 
nually who  shall  perform  the  duties  relating  to  elections,  re- 
quired to  be  performed  by  assessors  in  townships  having  but  one 
election  district.  It  is  only  under  such  circumstances  that  as- 
sistants shall  be  elected. ^^ 

Oath. 

66.  The  Act  of  1834,^^  directed  that  an  oath  of  office  should 
be  taken  and  filed  with  the  town  clerk  as  already  noticed.  In 
the  case  of  the  assessor  or  his  assistant,  it  is  made  his  dutv  to 
produce  to  the  commissioners  of  the  county,  within  twenty 
days  after  his  election  or  appointment  a  copy  of  the  oath  or 
affirmation  taken  and  subscribed  by  him  and  attested  by  the  per- 
son by  whom  the  same  was  administered,  which  shall  be  filed 
by  the  commissioners  in  their  office.^^ 

Duties. 

67.  It  is  the  duty  of  the  triennial  assessor  to  make  a  valua- 
tion of  the  property  within  the  township  for  the  purpose  of 
taxation.    "Commissioners  of  the  several  counties  of  this  Com- 

17  Asst.  Assessors  No.  i,  3  D.  R.  252;  Asst.  Assessors  No.  2,  3  D.  R.  254; 
24  Pitts.  L.  J.  312-313. 

18  Com.  vs.  Green,  7  Kulp  151,  s.  c.  5  Del.  Co.  342;  Com.  vs.  Coleman,  9 
Pa.  C.  C.  90. 

19  Act   May  8,   1889,   P.   L.   133,   2   P.   &  L.    Dig.   4687. 

20  Act  June  16,  1891,  P.  L.  298,  2  P.  &  L.  Dig.  4688. 

21  Asst.  Assessors  No.  i,  3  D.  R.  252;  Asst.  Assessors  No.  2,  3  D.  R.  254; 
24  Pitts.  L.  J.  312-313;  Asst.  Assessors'  Case,  i  D.  R.  142;  Assessors' 
Case,  9  Lane.  L.  R.  190;  Com.  vs.  Cornelius,  15  Pa.  C.  C.  73. 

22  Act  April  15,  1834,  P.  L.  537,  Sec.  86,  2  P.  &  L.  Dig.  4696. 

23  Act  April  15,  1834,  P.  L.  537,  Sec.  88,  2  P.  &  L.  Dig.  4690. 


74  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

monwealth  shall  issue  their  precepts  to  make  the  triennial  as- 
sessment of  property  to  the  assessors  of  their  respective  town- 
ships ....  on  or  before  the  second  Monday  of  Septem- 
ber, and  said  assessors  are  hereby  required  to  complete  the  said 
assessment,  and  make  their  return  thereof  not  later  than  the 
31st  day  of  December,  A.  D.  one  thousand  nine  hundred  and 
three  and  triennially  thereafter.^**  The  precept  is  to  be  given 
to  the  duly  elected  assessor,  and  no  vacancy  exists  until  such  has 
been  tendered  to  and  refused  by  him.^^ 

Manner  and  Place  of  Assessment. 

68.  It  is  beyond  the  scope  of  this  work  to  discuss  the  prop- 
erty which  is  taxable  in  the  respective  townships.  The  rates  or 
assessments  laid  for  township  purposes  are  levied  upon  the  basis 
of  the  last  adjusted  valuation,  made  for  the  purpose  of  regu- 
lating the  county  rates  and  levies.^^ 

The  assessment  is  void  if  not  made  by  the  proper  officer.^'' 
Or,  if  not  made  as  required  by  law.^^  But  the  assessment  will 
not  be  stricken  off  because  copied  from  the  work  of  a  prede- 
cessor.-^ All  assessable  property  should  be  included,  but  if 
there  be  an  omission  the  assessor  must  add  it,  and  the  county 
commissioners,  acting  as  a  board  of  revision,  have  no  power  to 
so  do.^*^  Property  returned  as  exempt  may  be  so  added.^^ 
Tracts    are    to    be    assessed    separately,    and    several    can- 


24  Act  April  23,  1903,  P.  L.  292.  Note. — The  precept  was  regulated  prior 
to  this  legislation  by  the  Act  of  May  15,  1841,  P.  L.  393,  Sec.  6,  2  P.  &  L. 
Dig.  4581,  Act  April  22,  1846,  P.  L.  486,  Sec.  16,  2  P.  &  L.  Dig.  4581,  Act 
April  20,  1897,  P.  L.  28,  3  P.  &  L.  Dig.  599.  For  the  effect  of  the  latter  upon 
local  acts,  see  Clinton  County  Triennial  Assessments,  20  Pa.  C.  C.  85,  s.  c.  6 
D.  R.  678. 

25  Commonwealth  vs.  Gregory,  6  Luz.  L.  R.  127. 

26  Act  April  IS,  1834,  P.  L.  509,  Sec.  27,  2  P.  &  L.  Dig.  4596. 

27  Mattes  vs.  Ruth,  i  Lack.  L.  Rec.  311. 

28  Laubach  vs.  Dodson,  i  Kulp  83. 

29  Von  Storch  vs.  City,  3  Pa.  C.  C.  567. 

30  Ridgway  vs.   Bridgeport,  5   Montg.   Co.  73. 

31  Moore  vs.  Taylor,  147  Pa.  481. 


TOWNSHIP  OFFICERS ASSESSORS.  75 

not  be  included  as  a  whole,  and  the  taxes  for  all  charged  against 
it.^2  A  full  discussion  of  the  duties  of  ofificers  in  the  valuation 
of  property  is  found  in  Delaware  and  Hudson  Canal  Co.  vs. 
Walsh,  II  Phila.  587.^3 

Where  Assessed. 

69.  The  property  is  ordinarily  to  be  assessed  in  the  township 
in  which  it  lies.  If  divided  by  a  county  line,  the  whole  tract  is 
assessable  in  the  county  in  which  the  mansion  house  is  situate.^* 
The  same  provision  was  made  by  the  Legislature  where  the 
tract  was  divided  by  a  township  line,  but  as  to  such  it  is  un- 
constitutional, because  of  defect  of  title. ^^  The  Act  of  July  11, 
1842,^^  provided  for  the  latter  class  of  cases,  and  made  the 
property  assessable  in  the  township  in  which  the  mansion  house 
is  situated. ^^  But  this  Act  of  1842  has  also  been  held  uncon- 
stitutional in  Commonwealth  vs.  Wyoming  County  Commis- 
sioners.^^ The  provisions  of  the  Act  of  1842  did  not  apply  to 
lands  lying  in  different  townships,  the  mansion  house  of  which 
is  in  an  incorporated  borough  or  city.^^  Where  the  mansion 
house  is  divided  by  a  line  between  two  townships,  or  between  a 
township  and  a  borough,  the  owner  of  the  land  may  choose  his 
place  of  residence  in  either  of  the  townships  or  the  borough, 
by  written  notice  of  his  election,  which  shall  be  binding  on  the 
present  and  future  owners.  In  case  of  neglect  to  so  notify, 
the  person  occupying  the  mansion  shall  be  regarded  as  residing 

32  Cunningham  vs.  White,  2  D.  R.  531. 

33  Delaware  and  Hudson  Canal  Co.  vs.  Walsh,  11  Phila.  587. 

34  Act  June  i,  1883,  P.  L.  51,  Sec.  i,  2  P.  &  L.  Dig.  4648. 

35  La  Plume  Borough  vs.  Gardner,  148  Pa.  192;  Arthur  vs.  Polk  Bor- 
ough School  District,  164  Pa.  410;  McClintock  vs.  Remmel,  4  Kulp  327; 
Cassel's  Appeal,  8  Lane.  L.  R.  260;  Rich's  Appeal,  8  Lane.  L.  R.  264. 

36  Act  July    II,  1842,  P.  L.  321,  Sec.  59,  2  P.  &  L.  Dig.  4648. 

37  Bausman  vs.  Lane.  County,  50  Pa.  208;  Nippenose  vs.  Bastress  Town- 
ship, 7  W.  N.  C.  24s ;  Bennethum  vs.  Eckert,  7  W.  N.  C.  373 ;  Stahl's  As- 
sessment, I  Lane.  L.  R.  329 ;  Commonwealth  vs.  Wheelock,  13  Pa.  Sup.  282. 

38  Commonwealth  vs.  Wyoming  County  Commissioners,  22  Pa.  C.  C.  418. 

39  Act  April  25,  1850,  P.  L.  569,  Sec.  15,  2  P.  &  L.  Dig,  4648. 


76  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

wholly  within  the  township.^*^  Under  such  circumstances,  if 
tlie  owner  elects  the  township  for  his  residence,  his  farm  is  not 
taxable  for  city  purposes."*^  If  a  borough  has  been  created 
from  a  township,  it  will  not  be  subject  to  a  local  act  regulating 
assessment  not  in  conformity  with  the  borough  laws.  So  where 
it  had  been  provided  for  the  township  that  the  taxes  should  be 
collected  by  a  treasurer  of  the  school  board,  and  a  borough  is 
erected  from  the  said  township,  the  taxes  must  be  collected  by 
tax  collectors  as  directed  by  the  Act  of  1885.^^  When  the 
borough  has  been  taken  from  the  township,  taxes  may  be  col- 
lected without  another  assessment  than  that  made  by  the  town- 
ship assessor  prior  to  the  incorporation.^^ 

Notice  of  Assessment. 

70.  When  the  proportions  of  the  several  townships  are  ascer- 
tained by  the  commissioners,  transcripts  of  the  assessments  are 
to  be  sent  to  the  assessors.^"*  And  it  then  becomes  the  duty  of 
the  assessors  to  give  written  or  printed  notice  at  least  five  days 
before  the  day  of  appeal  to  every  taxable  inhabitant  within  the 
respective  township,  of  the  amount  or  sum  to  which  he  stands 
rated,  and  the  rate  per  cent,  of  such  amount,  and  of  the  time  and 
place  of  such  appeal.^^  But  a  failure  to  so  notify  will  not  affect 
the  validity  of  the  assessment.  The  only  purpose  is  to  give  an 
opportunity  for  appeal,  if  it  be  excessive  or  illegally  made.'"' 
Where  assessments  are  made  in  the  intervening  year,  notice  is 
to  be  given  where  the  assessment  of  real  property  has  been 
changed  by  the  erection  of  buildings  or  other  improvements, 
and  in  the  case  of  personal  property,  offices,  professions,  trades. 


40  Act  May  24,  1878,  P.  L.  131,  Sec.  i,  2  P.  &  L.  Dig. 

41  Easton  vs.  Lerch,  2  Northampton  Co.  383 ;  Lancaster  Co.  vs.  Bare,  22 
Pa.  C.  C.  662,  s.  c.  8  D.  R.  472. 

42  Commonwealth  vs.  School  Directors,  8  Pa.  Sup.  257. 

43  Harding  vs.  Repp,  19  Pa.  Sup.  439. 

44  Act  April  IS,  1834,  P.  L.  509,  Sec.  8,  2  P.  &  L.  Dig.  4588. 

45  Act  April  15,  1834,  P.  L.  509,  Sec.  9,  2  P.  &  L.  Dig.  4588. 

46  Winton    Coal    Company   vs.    Commissioners    of   Lackawanna    Co.,    i 
Lack.  Legal  News  195. 


TOWNSHIP  OFFICERS— ASSESSORS.  JJ 

and  occupations.'*^    Unless  the  alteration  be  in  one  of  the  kinds 
of  property  mentioned,  no  notice  is  required.^^ 

Appeals. 

71.  The  board  of  county  commissioners  is  authorized  to  act 
as  a  board  of  revision  where  the  assessment  is  objected  to.^^ 
An  appeal  from  the  valuation,  lies  to  the  court  of  common 
pleas,  whose  duty  it  is  to  hear  the  evidence  and  determine  the 
facts.^"^ 

In  case  of  dissatisfaction  with  the  action  of  the  board  of  re- 
vision, redress  is  to  be  had  ordinarily  in  this  way.^^  Relief  will 
not  be  granted  by  bill  in  equity  where  the  tax  has  been  lawfully 
assessed,  or  where  mere  irregularities  in  the  method  of  making 
the  valuation  appear.  But  a  bill  may  be  maintained  where  no 
power  existed  to  levy  the  tax.^^  During  the  pendency  of  the 
appeal  the  tax  to  be  paid  on  the  valuation  as  fixed  by  the  board 
of  revision.  When  the  appeal  is  determined  that  fixed  by  the 
court  will  control. ^^ 

From  the  decision  made  by  the  common  pleas,  an  appeal  will 
lie  to  the  Supreme  or  Superior  Courts,  as  in  other  cases. ^*  On 
such  appeal  the  court  cannot  limit  itself  merely  to  inspection 
of  the  record,  as  upon  certiorari,  but  must  review  the  judicial 
action  of  the  court  below  on  the  evidence  disclosed  by  the 
record.^^ 

47  Act  April  15,  1834,  P.  L.  509,  Sec.  12,  2  P.  &  L.  Dig.  4589. 

48  Sommer's  Case,  28  Pa.  C.  C.  93,  s.  c.  12  D.  R.  688. 

49  Act  July  27,  1842,  P.  L.  441,  Sees.  10,  14,  2  P.  &  L.  Dig.  4590-2. 

50  Act  April  19,  1889,  P.  L.  2,1^  2  P.  &  L.  Dig.  4594. 

51  Moore  vs.  Taylor,  147  Pa.  481 ;  Hughes  vs.  Kline,  30  Pa.  227. 

52  Ridgway  Light  &  Heat  Company  vs.  County  of  Elk,  191  Pa.  465 ; 
Banger's  Appeal,  109  Pa.  79 ;  Payne  vs.  School  District  of  Coudersport,  168 
Pa.  386. 

53  Plains  Township's  Appeal,  21  Pa.  Sup.  68. 

54  Act  June  26,  1901,  P.  L.  601,  4  P.  &  L.  Dig.  1465. 

55  Rockhill  Iron  &  Coal  Company  vs.  Fulton  Co.,  204  Pa.  44. 


78  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

Beassessments. 

^^2.  Commissioners  shall  issue  their  precepts  to  the  assessors 
to  make  the  reassessment  of  property  between  the  period  of  the 
triennial  assessment  on  or  before  the  second  Monday  of  Sep- 
tember, and  such  reassessment  must  be  completed  and  returned 
not  later  than  the  31st  day  of  December  of  the  same  year.^^ 
Only  such  changes  can  be  made  in  intervening  years  as  are 
specially  provided  for  by  statute. ^^  Improved  real  estate  is  to 
be  reassessed. ^^  As  is  real  estate  omitted  from  the  triennial  as- 
sessment.^^ Personal  property  is  to  be  valued  as  well  as  offices 
and  posts  of  profit,  professions,  trades  and  occupations  taxable 
by  law.^*' 

Penalty  for  Neglect. 

73.  Assessors  who  neglect  to  assess  and  rate  as  required 
by  law,  may  upon  conviction,  be  fined  in  a  sum  not  less  than 
$20.00,  nor  more  than  $50.00  at  the  discretion  of  the  court,  be- 
sides the  costs  of  prosecution,  for  the  use  of  the  county  in  which 
the  party  resides.^^  If  the  assessor  shall  neglect  and  intention- 
ally omit,  neglect  or  refuse  to  assess  and  rate  property,  he  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
subject  to  imprisonment,  for  not  less  than  three  nor  more  than 
twelve  months,  and  fined  in  a  sum  not  less  than  $100.00  nor 
more  than  $200.00.^^  Should  he  fail  to  comply  with  any  order 
or  warrant  issued  to  him  by  the  commissioners  of  the  county 
in  conformity  with  law,  or  fail  to  perform  the  duties  enjoining, 
he  shall  forfeit  a  sum  not  to  exceed  $40.00,  to  be  recovered  by 
the  county  as  debts  of  a  like  amount  are  recoverable.^^  Should 

56  Act  April  23,  1903,  P.  L.  292,  Sec.  2. 

57  Slaymaker  vs.  Lancaster  Co.,  2  Lane.  Bar.,  Mar.  25,  1871 ;  Beechwood 
Improvement  Co.'s  Appeal,  12  D.  R.  430. 

58  Act  April  10,  1849,  P.  L-  570,  Sec.  34,  2  P.  &  L.  Dig.  4585. 

59  Act  April  28,  1868,  P.  L.  105,  Sec.  i,  2  P.  &  L.  Dig.  4586. 

60  Act  April  15,  1834,  P.  L.  509,  Sec.  11,  2  P.  &  L.  Dig.  4586. 

61  Act  April  15,  1834,  P.  L.  509,  Sec.  23,  2  P.  &  L.  Dig.  4587. 

62  Act  May  15,  1841,  P.  L.  393,  Sec.  3,  2  P.  &  L.  Dig.  4587. 

63  Act  April  15,  1834,  P.  L.  509,  Sec.  24,  2  P.  &  L.  Dig.  4587. 


TOWNSHIP  OFFICERS ASSESSORS.  79 

he  refuse  to  serve,  he  shall  forfeit  and  pay  the  sum  of  $20.00, 
but  he  is  not  required  to  act  as  assessor  for  a  second  term 
without  his  consent  within  the  period  of  ten  years. ^^ 

Other  Duties. 

74.  It  is  also  the  duty  of  the  township  assessor  to  assist  the 
supervisors  or  overseers  in  laying  their  township  rates  or  as- 
sessments, and  he  is  required  to  furnish  them  a  correct  copy  of 
the  last  adjusted  valuation  of  the  township,  and  give  aid  in 
making  the  assessment.'®^ 

By  the  Act  of  April  13,  1887,®®  he  is  required  to  make  an  en- 
rollment of  the  names  of  those  liable  to  military  service,  at  the 
same  time  as  the  valuation  of  property  is  made. 

He  shall  likewise  perform  all  the  duties  of  election  assessor.®'^ 
Except  in  those  townships  having  more  than  one  election  dis- 
trict, and  for  which  assistant  assessors  have  been  provided  for 
this  purpose.®^ 

Vacancy. 

75.  In  case  an  assessor  be  not  elected,  or  if  any  person 
elected,  shall  neglect  or  refuse  to  serve,  or  if  any  vacancy  shall 
occur  in  this  office  by  death  or  otherwise,  the  commissioners  of 
the  county  shall  appoint  a  fit  person  to  fill  the  office,  who  shall 
have  the  same  powers,  be  subject  to  the  same  penalties,  and  re- 
ceive the  same  compensation  as  if  he  had  been  a  regularly 
elected  township  assessor.*^^  So  they  may  appoint  if  the  election 
has  been  illegal,  and  hence  there  has  been  a  failure  to  elect.'^^ 
Or  if  the  vacancy  exists  by  reason  of  the  sustaining  of  a  contest 

64  Act  April  28,  1835,  P.  L.  45,  Sec.  2,  2  P.  &  L.  Dig.  4588. 

65  Act  April  IS,  1834,  P.  L.  509,  Sec.  28,  2  P.  &  L.  Dig.  4596. 

66  Act  April  13,  1887,  P.  L.  23,  Sec.  iii,  2  P.  &  L.  Dig.  3038,  and  May 
9,  1899,  P.  L.  266,  4  P.  &  L.  Dig.  1205. 

67  Act  Feb.  14,  1889,  P.  L.  7,  2  P.  &  L.  Dig.  4687. 

68  Act  June  16,  1891,  P.  L.  298,  2  P.  &  L.  Dig.  1735,  4688. 

69  Act  April  15,  1834,  P.  L.  537,  Sec.  87,  2  P.  &  L.  Dig.  4688. 

70  Com.  vs.  County  Comm.,  5  Rawle  75. 


8o  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

of  an  election."^ ^  But  they  cannot  appoint  when  the  assessor  has 
been  elected  until  they  have  issued  the  precept  to  him,  and  he 
has  refused  to  accept  it/^  When  the  commissioners  do  ap- 
point, the  person  selected  shall  serve  until  the  next  election  for 
assessors. ''^^ 

The  Act  of  May  5,  1897,'^^  provides  for  an  appointment  by 
the  county  commissioners  where  there  is  a  failure  to  qualify  or 
a  refusal  to  receive  the  precepts  and  books  for  the  triennial  as- 
sessment, such  appointment  being  made  on  the  eighth  day  after 
the  time  designated  by  law  to  begin  the  assessment. 

In  case  of  assistant  assessors  elected  by  virtue  of  the  Act  of 
June  16,  1891,^^  the  court  of  quarter  sessions  has  power  to  fill 
the  vacancy. '^^ 

Compensation. 

76.  It  shall  be  the  duty  of  each  assessor  and  assistant  assessor 
to  keep  an  account  of  the  several  days  by  him  actually  em- 
ployed in  performance  of  his  duties,  and  to  make  return  of  the 
same  to  the  commissioners  of  the  county,  verified  by  his  oath 
or  affirmation,  and  for  each  day  necessarily  employed  he  shall 
receive  the  sum  of  two  dollars. ''^'^  This  legislation  does  not  pre- 
vent the  recovery  for  services  in  making  the  military  enroll- 
ment, as  directed  by  the  Act  of  April  13,  1887,'^*  and  May  9, 
1899,^^  which  is  fixed  at  three  cents  for  each  name  enrolled. ^'^ 

School  Assessors. 

yy.  The  assessors  of  voters  of  every  district  are  required  to 

71  Street  vs.  Comm.,  6  W.  &  S.  209. 

^2  Comm.  vs.  Gregory,  6  Luz.  Leg.  Reg.  127. 

^^  Act  Feb.  14,  1889,  P.  L.  7,  Sec.  4,  2  P.  &  L.  Dig.  4688. 

74  Act  May  5,  1897,  P.  L.  39,  3  P.  &  L.  Dig.  600. 

75  Act  June  16,  1891,  P.  L.  298,  2  P.  &  L.  Dig.  4688. 

76  Assistant  Assessors  No.  2,  3  D.  R.  254. 

yy  Act  May  24,  1887,  P.  L.  195,  Sec.  i,  2  P.  &  L.  Dig.  4689. 

78  Act  April  13,  1887,  P.  L.  23,  Sec.  in,  2  P.  &  L.  Dig.  3038. 

79  Act  May  9,  1899,  P.  L.  266,  4  P.  &  L.  Dig.  1205. 

80  Dilley  vs.  Luzerne  County,  8  Pa.  C.  C.  162. 


TOWNSHIP  OFFICERS ASSESSORS.  8l 

make  a  list  of  all  the  children  between  the  ages  of  6  and  i6, 
stating  whether  enrolled  in  a  school,  or  the  cause  of  non-enroll- 
ment, which  enumeration  after  approval  by  the  secretary  of  the 
school  board  shall  be  returned  to  the  county  commissioner. 
The  assessors  shall  be  paid  a  per  diem  compensation  to  be  equal 
to  that  paid  under  existing  laws  for  election  assessors,  but  the 
said  services  shall  not  exceed  ten  days.^^  Under  the  earlier 
compulsory  education  act  ®^  the  county  was  held  chargeable 
with  this  expense.^^ 

The  school  directors  may  authorize  such  enumeration  to  be 
made  at  the  expense  of  the  school  district  by  the  attendance 
officer  or  other  persons  in  place  of  the  election  assessor.^* 

8i  Act  July  II,  1901,  P.  L.  658,  Sec.  4,  4  P.  &  L.  Dig.  870. 

82  Act  May  16,  1895,  P.  L.  ^2,  amended  July  12,  1897,  P.  L.  248,  3  P.  & 
L.  Dig.  153- 

83  In  re  Pay  of  Assessors,  5  D.  R.  253 ;  Brinker  vs.  Northampton  Co.,  5 
Northampton  275. 

84  Act  July  II,  1901,  P.  L.  658,  Sec.  4,  4  P-  &  L.  Dig.  870. 


CHAPTER  IX. 


TOWNSHIP  TREASURER. 


SECTION  SECTION 

78.  In  townships  of  the  first  class.  80.  Bond. 

79.  In    townships    of    the    second  81.  Duties. 

class.  82.  Vacancy. 


In  Townships  of  the  First  Class. 

78.  A  township  treasurer  is  to  be  elected  triennially  in  town- 
ships of  the  first  class,  who  shall  give  bond  in  such  sum  as  shall 
be  fixed  by  ordinance,  and  at  least  equal  to  the  probable  amount 
of  the  annual  township  tax,  with  sureties  to  the  satisfaction 
of  the  board  of  township  commissioners,  which  bond  shall  be 
conditioned  for  the  faithful  performance  of  the  duties  of  the 
office,  for  a  just  account  of  all  moneys  belonging  to  the  town- 
ship funds  that  may  come  into  his  hands,  for  the  delivery  to  his 
successor  in  office  of  all  papers,  books,  documents  and  other 
things  held  in  right  of  his  office,  and  for  the  payment  to  such 
successor  of  any  balance  in  money  belonging  to  the  township 
that  may  remain  in  his  hands  on  the  settlement  of  his  account. 
The  bond  shall  be  filed  with  the  township  commissioners. 

The  township  treasurer  shall  take  charge  of  all  township 
moneys  and  keep  distinct  accounts  of  all  sums  received  from 
taxes  and  other  sources,  which  accounts  shall  at  all  times  be 
open  to  the  inspection  of  the  commissioners  and  township  audi- 
tor, or  any  of  them.  He  shall  annually  state  his  accounts  and 
lay  the  same  together  with  the  books  and  the  vouchers ^  before 
the  township  auditors  for  settlement  according  to  law,^     To 

I  Act  April  28,  1899,  p.  L.  104,  Sec.  13,  4  P.  &  L.  Dig.  923. 
82 


TOWNSHIP  TREASURER.  83 

fix  his  liability  his  accounts  must  be  thus  settled.  A  suit  upon 
his  bond  before  this  is  done  is  premature." 

He  shall  take  the  duplicate  of  the  assessment  of  tax,  when- 
ever such  is  laid  by  the  board  of  township  commissioners,  of 
which  fact  he  shall  give  notice  as  soon  as  can  be  conveniently 
done  to  the  taxpayers  by  at  least  ten  written  or  printed  hand 
bills  to  be  posted  in  the  most  public  places  in  the  township,  and 
by  advertisements  in  a  newspaper  published  in  the  county,  if 
such  there  be.  If  payment  be  made  within  sixty  days  a  dis- 
count of  five  per  cent,  is  to  be  allowed.  After  three  months, 
he,  and  deputy  collectors,  whom  he  may  appoint,  shall  proceed 
to  collect  the  tax.^  'He  is  chargeable  with  the  duplicate,  less  the 
exonerations  and  allowances,  and  not  merely  with  the  amount 
collected.'* 

No  money  shall  be  paid  out  by  him  except  on  the  written 
order,  or  warrant  issued  by  the  board  of  township  commission- 
ers, and  attested  by  the  signatures  of  the  president  or  vice- 
president,  and  the  secretary  of  said  board.^ 

His  compensation  shall  consist  of  a  sum  equal  to  five  per  cent, 
of  all  taxes  received  or  collected  by  him,  unless  a  different  rate 
be  fixed  by  ordinance  of  the  township  commissioners,  passed 
thirty  days  prior  to  his  election.^ 

This  officer  shall  not  be  eligible  to  succeed  himself.  Nor 
shall  any  member  of  the  school  board,  any  township  commis- 
sioner or  township  auditor  hold  this  office,  but  the  same  person 
may  act  as  township  treasurer,  and  treasurer  of  the  school 
board.''^ 

Two  acts  were  passed  to  provide  for  the  filling  of  a  va- 
cancy in  the  office  by  the  Legislature  of  1903.  By  the  first 
the  court  of  quarter  sessions  is  directed  to  appoint  upon  the 

2  Bryn  Mawr  Trust  Co.,  20  Motitg.  54. 

3  Act  April  28,  1899,  P.  L.  104,  Sees.  15  and  16,  4  P.  &  L.  Dig.  924-5. 

4  Bryn  Mawr  Trust  Co.,  20  Montg.  54. 

5  Act  April  28,  1899,  P.  L.  104,  Sec.  17,  4  P.  &  L.  Dig.  925. 

6  Act  April  28,  1899,  P.  L.  104,  Sec.  14,  4  P.  &  L.  Dig.  924. 

7  Act  April  28,  1899,  P.  L.  104,  Sec.  18,  4  P.  &  L.  Dig.  925. 

6 


84  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

petition  of  twenty  or  more  qualified  voters  of  the  township, 
after  ten  days'  notice  of  the  fihng  of  the  petition  is  given  by 
putting  up  ten  or  more  notices  in  the  most  pubHc  and  conspicu- 
ous places  in  the  township.^  This  act  as  printed  in  the  pamphlet 
laws  is  confused,  part  evidently  being  omitted. 

By  the  second  the  power  is  given  to  the  board  of  township 
commissioners  to  appoint  until  the  next  regular  election.^ 

The  legislation  creating  townships  of  the  first  class,  and  pro- 
viding for  officers  in  such  district,  repeals  a  local  law,  applying 
to  a  township  within  its  provisions,  which  regulated  the  method 
of  election  of  a  township  treasurer.^*^ 

In  Townships  of  the  Second  Class. 

79.  A  township  treasurer  is  to  be  elected  annually,  but  shall 
hold  office  until  his  successor  is  elected  or  appointed.  No  elec- 
tion takes  place  unless  he  receives  at  least  one-half  of  the  num- 
ber of  votes  polled  at  the  same  election  for  supervisors.^^ 
This  provision  was  repealed  except  as  to  the  counties  of  Erie, 
Franklin,  Wayne,  Venango,  Warren,  Susquehanna,  Bradford 
Tioga  and  Luzerne  counties  in  the  following  year.^^  Snce  that 
time  local  acts  have  been  passed  for  many  townships,  e.  g.,  in 
Red  Bank  township,  Armstrong  county,  where  a  biennial  elec- 
tion is  directed. ^^  In  case  no  treasurer  is  elected  it  is  the  duty 
of  the  supervisors,  either  to  collect  the  rates  and  levies  them- 
selves, or  to  appoint  a  collector  for  that  purpose.^ ^  If  a  treas- 
urer be  elected  without  authority,  the  supervisors  are  liable  for 
all  moneys,  which  they  pay  to  the  alleged  officer,  and  cannot 

8  Act  April  15,  1903,  P.  L.  199. 

9  Act  April  23,  1903,  P.  L.  267. 

10  Com.  vs.  Blackley,  198  Pa.  372. 

11  Act  April  15,  1834,  P-  L-  537,  Sec.  81,  2  P.  &  L.  Dig.  4701. 

12  Act  Feb.  28,  1835,  P.  L.  45,  Sec.  8,  2  P.  &  L.  Dig.  4694. 

13  Com.  vs.  Doverspike,  20  Pa.  C.  C.  109.  In  such  case  the  court  must 
appoint  where  a  vacancy  exists  until  the  end  of  the  regular  term,  and  not 
until  the  next  election. 

14  Act  April  15,  1834,  P.  L.  509,  Sec.  39,  2  P.  &  L.  Dig.  4600;  In  re  Gran- 
ahan,  3  Kulp  450. 


TOWNSHIP  TREASURER.  85 

i 

claim  credit  for  his  commissions  or  for  payments  made  by 
him.i^ 

Bond. 

80.  Where  a  township  treasurer  is  elected  he  shall  give  bond 
with  sureties  to  the  satisfaction  of  the  supervisors,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office,  for  a 
just  account  of  all  moneys  that  may  come  into  his  hands  by  vir- 
tue thereof,  for  the  delivery  to  his  successor  in  office  of  all 
books,  papers,  documents  and  other  things  held  in  right  of  his 
office,  and  for  the  payment  to  him  of  any  balance  of  money  be- 
longing to  the  township  that  may  remain  in  his  hands.  ^®  Until 
a  bond  satisfactory  to  the  supervisors  is  given,  he  cannot  de- 
mand the  possession  of  the  township  funds. ^'^  And  it  is  for  the 
supervisors  to  pass  upon  the  sufficiency.  If  they  refuse  to  re- 
ceive the  bond  the  court  may  grant  a  writ  of  mandamus,  but  it 
will  not  impose  its  judgment  as  to  the  sufficiency  in  place  of  the 
supervisors.^^  In  case  a  special  tax  be  ordered  in  accordance 
with  the  Act  of  March  31,  1864,  the  tax  is  payable  to  the  town- 
ship treasurer,  but  the  court  may  require  a  bond  from  the  su- 
pervisor who  collects,  or  from  a  collector  to  whom  the  dupli- 
cate is  given,  and  also  from  the  township  treasurer. ^^ 

Duties. 

81.  The  duty  of  the  treasurer  is  to  receive  all  moneys  due  or 
accruing  to  the  township,  and  to  keep  distinct  accounts  of  all 
sums  received  from  taxes  and  other  sources,  which  accounts 
shall  at  all  times  be  open  to  the  inspection  of  the  supervisors 
of  the  township,  and  of  each  of  them.  He  shall  pay  all  moneys 
received  by  him  from  taxes  or  otherwise,  on  orders  drawn  by 
the  supervisors  of  the  township,  and  shall  annually  state  his  ac- 
counts, and  lay  the  same,  together  with  the  vouchers,  before  the 

15  Banks  Township  vs.  Frey  et  al.,  10  Pa.  C.  C.  580. 

16  Act  April  IS,  1834,  P.  L.  537,  Sec.  95,  2  P.  &  L.  Dig.  4701. 

17  Com.  vs.  Norton,  3  Kulp  231. 

18  Com.  vs.  Norton,  3  Kulp  231. 

19  In  re  Foster  Twp.,  7  Kulp  21. 


86  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

township  auditors,  for  settlement  according  to  law.^*'  In  so 
collecting  funds  he  is  a  township  officer  within  the  meaning 
of  the  Act  of  March  31,  1860,^^  and  may  be  indicted  for  em- 
bezzlement thereunder.^-  A  final  settlement  of  accounts  by 
auditors,  which  is  unappealed  from,  is  conclusive,  and  an  ac- 
tion may  be  maintained  by  the  township  to  recover  the  sum 
found  due.^^  But  if  the  report  is  a  mere  conditional  settlement, 
which  is  not  filed,  pending  performance  of  a  condition  by  the 
treasurer,  a  re-settlement  and  adjustment  may  be  made  and 
filed.2* 

The  treasurer  shall  receive  as  compensation  a  certain  amount 
per  cent,  on  all  moneys  received  and  paid  by  him,  which  rate 
shall  be  settled,  from  time  to  time,  by  the  supervisors  of  the 
township  with  the  approbation  of  the  township  auditors.^^ 
He  is  not  entitled  to  commissions  upon  taxes  worked  out  on  the 
road  or  on  exonerations.-^  But  is  entitled  to  a  commission 
of  two  per  cent,  on  unseated  land  tax.^'^ 

Vacancy. 

82.  In  case  a  duly  elected  treasurer  shall  neglect  or  refuse 
to  perform  the  duties  of  his  office,  he  shall  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars,  and  shall  be  disqualified  from 
holding  the  office.^^  Vacancies  are  to  be  filled  by  the  court  of 
quarter  sessions  until  the  next  annual  election.^^ 

20  Act  April  15,  1834,  p.  L.  537,  Sec.  96,  2  P.  &  L.  Dig.  4702. 

21  Act  March  31,  i860,  P.  L.  385,  Sec.  65,  i  P.  &  L.  Dig.  1193. 

22  Com.  vs.  Carson,  21  Pa.  Sup.  48. 

23  Township  of  Middleton  vs.  Miles,  61  Pa.  290. 

24  Com.  vs.  Allis,  19  Pa.  Sup.  130. 

25  Act  April  15,  1834,  P.  L.  537,  Sec.  97,  2  P.  &  L.  Dig.  4702. 

26  Brennan's  Appeal,  i  Walker  522 ;  Lewis  vs.  Flanagan,  i  Leg.  Rec.  141. 

27  Mt.  Carmel  Twp.  vs.  McDonnell,  i  Kulp  20. 

28  Act  April  IS,  1834,  P.  L.  537,  Sec.  98,  2  P.  &  L.  Dig.  4702. 

29  Act  April  15,  1834,  P-  L.  537,  Sec.  83,  2  P.  &  L.  Dig.  4696.  Note. — 
For  vacancies  in  townships  of  the  first  class,  see  section  78. 


CHAPTER  X. 


TOWNSHIP   COMMISSIONERS  AND   SUPERVISORS. 


83.  Townships  of  the  first  class ;  87.  Qualification. 

commissioners.  88.  Bond. 

84.  Meeting  of  the  board.  89.  Refusal  to  serve. 

85.  Townships  of  the  second  class ;  90.  Duties. 

supervisors.  91.  Compensation. 

86.  Filling  of  vacancies. 

Townships  of  the  First  Class;  Commissioners. 

83.  In  townships  of  the  first  class  township  commissioners 
are  provided  for,  and  the  office  of  supervisor  of  highways  is 
abolished.^  Five  such  officers  are  to  be  elected  unless  the  popu- 
lation exceeds  five  thousand,  in  which  case  an  additional  com- 
missioner shall  be  chosen  for  each  two  thousand  in  excess  of 
that  number.  The  first  commissioners  are  directed  to  apportion 
by  ordinance  the  whole  number  of  commissioners  among  the 
election  districts  of  the  township  in  proportion  to  the  popula- 
tion as  estimated  by  the  votes  cast  in  said  districts  respectively 
at  the  last  township  election,  and  thereafter  the  commissioner 
shall  be  chosen  by  election  districts  instead  of  by  vote  of  the 
township  at  large.  Any  election  district  having  too  small  a 
population  to  be  entitled  to  choose  one  commissioner  shall  be 
combined  with  some  adjoining  district.  Residence  in  the  dis- 
trict in  which  he  is  voted  for  shall  not  be  a  requisite  of  eligi- 
bility for  a  commissioner.    A  new  apportionment  shall  be  made 

I  Plymouth  Twp.  Commissioners  vs.  Sweeney,  10  D.  R.  617,  s.  c.  10 
Kulp  293.  Mandamus  will  lie  to  compel  the  claimant  of  the  defunct  office 
to  hand  over  the  papers  and  property  to  the  incumbent  who  supersedes. 

87 


88  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

after  each  United  States  census,  and  whenever  any  change  is 
made  in  the  boundaries  of  the  election  districts  of  the  town- 
ship.- 

The  term  of  the  commissioners  shall  be  two  years,  and  no 
compensation  shall  be  paid  for  the  service  rendered.^  Vacan- 
cies in  the  office  shall  be  filled  by  the  quarter  sessions  on  the  pe- 
tition of  twenty  qualified  voters,  of  which  petition  ten  days' 
notice  shall  be  given.^  Or  the  vacancy  may  be  filled  by  the  re- 
maining members  of  the  board,  the  person  so  chosen  to  hold 
office  until  the  next  regular  election.^ 

Meeting  of  the  Board. 

84.  Persons  elected  township  commissioners  shall  meet  on 
the  first  Monday  of  March  succeeding  their  election,  until 
otherwise  designated  by  ordinance.  The  place  of  meeting  shall 
be  the  oldest  polling  place  in  the  township.  Each  member  shall 
take  and  subscribe  to  an  oath  or  affirmation,  to  be  adminis- 
tered by  a  justice  of  the  peace,  or  notary  public,  to  support  the 
Constitution  of  the  United  States  and  of  this  Commonwealth, 
and  to  perform  the  duties  of  his  office  with  fidelity.  Certifi- 
cates of  such  oaths  and  affirmations  shall  be  filed  with  the  town- 
ship auditor. 

If  a  majority  of  the  commissioners  shall  not  attend  at  the 
meeting  on  the  first  Monday  in  March,  those  present  shall  have 
power  to  adjourn  the  meeting,  from  day  to  day,  until  a  ma- 
jority appear. 

The  board  shall  organize  by  the  election  of  one  of  their  num- 
ber as  president.  He  shall  perform  such  other  duties  as  are 
specified  in  this  act,  or  which  may  be  prescribed  by  ordinance. 

The  board  shall  meet  at  least  once  a  month  at  such  time  and 

2  Act  April  28,  1899,  p.  L.  104,  Sec.  4,  4  P.  &  L.  Dig.  914. 

3  Act  April  28,  1899,  P.  L.  104,  Sees.  4  and  5,  4  P.  &  L.  Dig.  914-5. 

4  Act  April  15,  1903,  P.  L.  199.  This  Act  is  almost  unintelligible,  a  por- 
tion being  evidently  omitted. 

5  Act  April  23,  1903,  P.  L.  267. 


COMMISSIONERS  AND  SUPERVISORS.  89 

place  as  may  be  designated  by  ordinance.    A  majority  of  the 
members  of  the  board  shall  constitute  a  quorum. 

All  the  corporate  powers,  authority  and  franchise  of  the 
township  shall  be  vested  in  and  exercised  by  the  board  of  town- 
ship commissioners.  The  particular  powers  which  have  been 
given  by  legislation  will  be  noticed  under  the  appropriate  head- 
ings.® 

In  the  construction  and  care  of  highways  the  board  shall 
have  power  to  appoint  one  or  more  supervisors  or  engineers 
of  highways  and  by  ordinance  to  specify  their  duties  and  fix 
their  salaries.  All  such  officers  shall  hold  office  at  the  pleasure 
of  the  board.''^ 

Townships  of  the  Second  Class;  Supervisors. 

85.  Except  where  special  legislation  has  been  enacted  pro- 
viding for  the  election  of  supervisors,  e.  g.,  in  Hempfield  town- 
ship, Westmoreland  county,^  or  in  the  counties  of  Erie,  Frank- 
hn,  Wayne,  Venango,  Warren,  Susquehanna,  Bradford,  Tioga 
and  Luzerne,  except  the  township  of  Falk  in  Lackawanna  ^ 
where  three  are  provided  for  by  the  Act  of  1834,^^  one  to  be 
elected  each  year,  two  supervisors  are  to  be  elected,  each  to 
serve  one  year.^^  A  general  system  was  provided  for  by  the 
Act  of  1897,  but  its  provisions  have  not  become  operative,  be- 
cause the  requirements  of  section  21  have  never  been  met.^^ 

The  number  provided  for  may  be  increased  by  a  vote  of  the 
qualified  electors  at  the  time  and  place  for  holding  constables' 
elections.  Tickets  in  such  case  shall  be  labelled  on  the  outside 
with  the  word  "supervisors,"  and  on  the  inside  of  such  ticket 

6  Act  April  28,  1899,  P.  L.  104,  Sees.  6,  7,  4  P.  &  L.  Dig.  916. 

7  Act  April  28,  1899,  P.  L.  104,  Sec.  10,  4  P.  &  L.  Dig.  922. 

8  In  re  Contested  Election  of  Martz,  no  Pa.  502.  See  also  Com.  vs. 
McComsey,  19  Lane.  L.  R.  235. 

9  Act  March  8,  1842,  In  re  Supervisors  4  C.  P.  177. 

10  Act  April  IS,  1834,  P.  L.  537,  Sec.  81,  2  P.  &  L.  Dig.  4693. 

11  Act  Feb.  28,  1835,  P.  L-  45,  Sec.  8,  2  P.  &  L.  Dig.  4694- 

12  Act  June  23,  1897,  P.  L.  194,  3  P.  &  L.  Dig.  515. 


90  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

shall  contain  the  words  "increase  one"  or  "increase  two,"  or 
more  as  they  may  desire.  Those  opposed  shall  vote  tickets 
marked  on  the  inside  "no  increase."  In  case  the  increase  is  fa- 
vored by  a  majority,  then  such  additional  supervisors  shall  be 
elected  at  the  next  constable  election.  This  election  is  not  to  be 
held,  however,  unless  at  least  thirty  qualified  voters  of  the 
proper  township  shall  give  notice  in  writing  to  the  constable 
thereof,  that  they  desire  to  vote  for  such  increase.  On  receiving 
such  notice  the  constable  shall,  by  at  least  six  printed  or  written 
hand  bills,  put  up  in  the  most  public  places  in  said  township, 
Lt  least  twenty  days  before  said  election,  give  notice  of  the  pro- 
posed election.  If  additional  supervisors  be  elected  they  be- 
come subject  to  the  same  duties  and  responsibilities  imposed  by 
Isw  on  supervisors  of  public  roads,^^  A  similar  procedure  is 
provided  where  it  is  desired  to  decrease  the  number.  ^^ 

In  case  the  number  of  supervisors  provided  by  law  be  de- 
creased by  any  general  enactment,  the  term  of  office  may  be 
ended,  for  the  occupant  of  it  has  no  vested  right  thereto,  the 
office  not  being  a  constitutional  one.^^ 

The  election  of  supervisors  is  controlled  by  the  general  elec- 
tion laws.  In  case  of  a  contest  instituted  under  the  Act  of  May 
19,  1874,  the  petitioners  must  be  electors  of  the  district  for 
which  the  supervisor  is  to  act,  where  there  are  two,  though  both 
districts  vote  in  one  election  district. ^^ 

Filling  of  Vacancies.  £,^/j       j     /  f  /  /     4.«- .,         J 

86.  Where  there  has  been  a  failure  to  elect  the  court  of 
quarter  sessions  shall  appoint  a  suitable  person  to  fill  such  office 
until  the  next  annual  election.^'''  It  has  been  said  that  this 
power  shall  be  exercised  in  case  of  a  tie  vote  in  favor  of  the  ap- 

13  Act  May  6,  1857,  P.  L.  415,  Sees,  i  and  2,  2  P.  &  L.  Dig.  4698-9. 

14  Act  May  6,  1857,  P.  L.  415,  Sec.  3,  2  P.  &  L.  Dig.  4699. 

15  Com.  vs.  McComsey,  19  Lane.  L.  R.  235.  Here  term  reduced  by  Act 
of  May  II,  1901. 

16  Third  Road  District  Supervisor,  8  Pa.  C.  C.  302. 

17  Act  April  15,  1834,  P.  L.  537,  Sec.  83,  2  P.  &  L.  Dig.  4696. 


COMMISSIONERS  AND  SUPERVISORS.  QI 

plicant  having  the  most  petitioners,  both  parties  being  fit.^^  If 
the  township  is  divided  for  convenience  the  court  will  appoint 
from  the  district  having  no  representative,  other  things  being 
equal.  ^^ 

In  case  of  a  vacancy  arising  from  a  failure  of  a  supervisor 
to  qualify,  the  office  shall  be  declared  vacant,  and  the  court  of 
quarter  sessions  shall  appoint.^^  But  the  mere  omission  to  give 
bond  does  not  ipso  facto  vacate  the  office  without  judicial  ac- 
tion.^ ^  Though  the  office  be  declared  vacant  for  failure  to 
qualify,  the  court  will  appoint  the  person  elected  in  preference 
to  another,  if,  at  the  time  the  appointment  is  to  be  made,  he  pre- 
sents a  satisfactory  bond.^^  But  this  will  not  be  done  when  it 
appears  that  the  person  elected  was  not  at  the  time  of  ihe  elec- 
tion a  qualified  elector  of  the  township  for  which  he  was 
chosen.^^ 

Qualification. 

87.  Supervisors,  as  other  township  officers,  shall,  before  en- 
tering upon  the  duties  of  his  office,  take  and  subscribe  to  an 
oath  or  affirmation,  before  some  person  having  authority  to  ad- 
minister oaths,  to  support  the  Constitution  of  the  United  States 
and  that  of  this  Commonwealth,  and  perform  the  duties  of  his 
office  with  fidelity.  A  copy  of  the  oath  or  affirmation  certified 
by  the  person  by  whom  it  was  administered  is  to  be  filed  within 
ten  days  with  the  town  clerk,  if  there  be  one  in  such  town- 
ship.^^ 

Bond. 

88.  The  township  auditors,  except  in  the  county  of  Schuyl- 
kill, shall  require  a  bond  from  the  supervisors,  before  they  shall 

18  Sadsbury  Twp.  Sup.,  16  Lane.  L.  R.  181,  s.  c.  13  York  58. 

19  Washington  Twp.  Sup.,  7  North  168,  s.  c.  13  York  176. 

20  Act  March  16,  i860,  P.  L.  174,  Sec.  2,  2  P.  &  L.  Dig.  4700. 

21  Stephens  vs.  Potter,  4  W.  N.  C.  375- 

22  Ridley  Twp.  Sup.,  8  Del.  22,  s.  c.  9  D.  R.  732,  7  North  332. 

23  Darby  Twp.  Supervisor,  7  Del.  Co.  597,  s.  c.  9  D.  R.  678. 

24  Act  April  IS,  1834,  P.  L.  537,  Sec.  86,  2  P.  &  L.  Dig.  4696. 


92  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

enter  upon  the  duties  of  their  office,  in  a  sum  not  less  than 
double  the  probable  amount  of  the  tax  which  may  come  into 
the  hands  of  the  said  officers ;  which  bonds  shall  be  taken  in  the 
name  of  the  township,  conditioned  for  the  faithful  performance 
of  their  duties,  accounting  for  and  paying  over  to  the  township 
treasurer  (where  such  officer  exists),  or  to  their  successors  in 
office,  any  balance  that  may  remain  in  their  hands  at  the  set- 
tlement of  their  account  by  the  auditors.  In  case  of  default 
for  thirty  days  after  settlement  of  their  accounts  the  auditors 
are  directed  to  proceed  upon  the  said  bond  and  collect  the  same 
for  the  use  of  the  township.^^ 

Should  such  officer  desire  to  confine  himself  to  individual  re- 
sponsibility, each  may  give  bond  in  double  the  amount  of  money 
which  the  auditors  may  determine  will  probably  come  into  his 
hands  for  the  ensuing  year.^^  In  such  case  the  supervisor  is  not 
responsible  for  the  default  of  his  associate.^'^ 

Where  there  has  been  a  failure  to  give  bond  within  one 
month  after  his  election,  the  office  may  be  declared  vacant,  and 
a  successor  appointed.^^  But  the  court  must  judicially  so  de- 
clare before  a  new  supervisor  is  chosen.^^ 

In  case  the  proper  bond  is  tendered  the  auditors  should  ap- 
prove it.^^  The  office  cannot  be  declared  vacant  because  they 
refuse  to  do  so  until  a  small  indebtedness  due  on  a  prior  ac- 
count is  paid.^^  Nor  can  this  be  done  where  there  has  been 
a  failure  to  approve,  and  a  surety  withdraws  after  the  time  for 
approval  has  elapsed. ^^  The  bond  is  valid  and  may  be  enforced 
though  never  approved,  and  though  it  has  been  given  but  by 
one  supervisor. ^^     Or  if  taken  in  favor  of  the  auditors  for  the 

25  Act  Mar.  i6,  i860,  P.  L.  174,  Sec.  i,  2  P.  &  L.  Dig.  4700. 

26  Act  March  16,  i860,  P.  L.  174,  Sec.  i,  2  P.  &  L.  Dig.  4700. 

27  In  re  Granahan,  3  Kulp  450. 

28  Act  March  16,  i860,  P.  L.  174,  Sec.  2,  2  P.  &  L.  Dig.  4700. 

29  Stephens  vs.  Potter,  4  W.  N.  C.  375. 

30  Spring  Brook  Township  vs.  Thomas,  8  Luz.  L.  R.  112. 

31  Rice's  Appeal,  158  Pa.  157. 

32  Auditors  vs.  Frederick,  15  Montg.  Co.  105,  22  Pa.  C.  C.  448. 

33  Young  vs.  Machamer,  i  Pears.  303. 


COMMISSIONERS  AND  SUPERVISORS.  93 

use  of  the  township,  and  the  township  may  bring  suit  on  it.^'* 
A  faihire  to  furnish  security  furnishes  reason  for  declaring  the 
office  vacant,  but  the  court  cannot  compel  the  furnishing  of  it  by 
mandamus.  Yet  in  such  a  proceeding  to  compel  the  payment 
of  moneys  to  the  supervisor  which  are  due  the  township,  the 
court  may  refuse  to  so  order  unless  security  be  given,  the  writ 
being  ex  gratia.^^ 

Special  bonds  may  be  ordered  by  the  court  where  a  special 
tax  is  directed  under  the  provisions  of  the  Act  of  March  31, 
1864.36 

In  case  of  default  the  liability  of  the  surety  is  fixed  by  the 
adjudication  of  the  township  auditors,  which  is  unappealed 
from,  finding  what  moneys  have  come  into  the  hands  of  the 
supervisor  during  the  year.  3'''  When  such  officer  has  been  re- 
appointed, he  becomes  his  own  successor,  and  the  sureties  are 
liable  for  the  balance  remaining  unexpended  in  his  hands  in  ad- 
dition to  the  correct  receipts  of  his  term.^^ 

Hefusal  to  Serve. 

89.  The  Act  of  1834  imposed  a  penalty  of  twenty  dollars 
upon  the  elected  supervisor  who  refused  to  serve,  provided  that 
no  person  shall  be  required  to  serve  in  any  such  office  more  than 
three  years  in  twelve  years. ^^  A  mere  failure  to  give  security 
will  not,  however,  make  him  liable  for  the  penalty,  provided 
the  auditors  should  be  satisfied  that  such  security  could  not  be 
obtained.^*^ 


34  Dyer  vs.  Covington  Township,  28  Pa.  186. 

35  Porter  Twp.  Road,  i  Walker  10. 

36  In  re  Foster  Township,  7  Kulp  21. 

37  Com.  vs.  Smythe,  21  Lane.  L.  R.  109;  Chanceford  Twp.  vs.  Craley, 
II  D.  R.  724,  s.  c.  15  York  149;  East  Cocalico  Twp.  vs.  Swigart,  15  Lane. 
L  R.  319. 

38  Com.  vs.  Sweigart,  9  Pa.  Sup.  455. 

39  Act  April  15,  1834,  P.  L.  537,  Sec.  85,  2  P.  &  L.  Dig.  4696. 

40  Act  March  16,  i860,  P.  L.  174,  Sec.  3,  2  P.  &  L.  Dig.  4700. 


94  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

Duties. 

90.  The  powers  of  the  supervisors  to  contract  on  behalf  of 
and  bind  the  township,  their  duties  as  to  roads,  bridges,  taxes 
and  grant  of  franchises  will  be  noticed  subsequently  under  ap- 
propriate heads. 

Generally  the  duties  imposed  by  law  on  the  supervisors  of 
roads  and  highways  devolves  upon  them,  and  they  shall  by  vir- 
tue of  their  office  be  overseers  of  the  poor  (in  those  townships 
of  the  State  in  which  this  office  exists).  They  are  required  to 
keep  fair  and  clear  accounts,  in  a  book  to  be  provided  for  that 
purpose,  of  all  moneys  received  by  them,  or  either  of  them,  and 
by  them  or  either  of  them  expended  on  behalf  of  the  township ; 
and  such  accounts  verified  by  oath  or  affirmation  shall  be  ex- 
hibited to  the  township  auditors,  at  the  annual  settlement  of 
the  accounts  of  such  supervisors."*^  An  itemized  account  of  the 
work  and  labor  done  should  be  presented.^^ 

For  a  wilful  neglect  to  perform  duties  the  officers  may  be 
indicted,  as  in  the  case  of  failure  to  open  roads,  which  will  be 
considered  subsequently.  In  case  of  the  embezzlement  of  pub- 
lic money  entrusted  to  their  care,  an  indictment  for  embezzle- 
ment may  be  maintained.^^  For  neglect  or  refusal  to  pay  over 
money  or  produce  his  accounts,  the  delinquent  may  be  commit- 
ted to  jail  by  the  auditors  by  warrant  under  their  hands  and 
seals  directed  to  the  sheriff  or  any  constable  of  the  county,  set- 
ting forth  the  cause  of  such  commitment,  there  to  remain  until 
he  shall  comply  with  the  requisitions  of  the  law,  or  be  other- 
wise legally  discharged.^*  And  for  any  neglect  or  refusal  to 
perform  his  duties  he  shall  be  subject  to  a  penalty  of  not  less 
than  four  nor  exceeding  fifty  dollars  to  be  recovered  in  a  sum- 

41  Act  April  15,  1834,  P.  L.  537,  Sees.  90  and  94,  2  P.  &  L.  Dig.  4696-8. 

42  Stolpe's  Appeal,  11  Kulp  143. 

43  Act  March  31,  i860,  P.  L.  385,  Sec.  65,  i  P.  &  L.  Dig.  1193. 

44  Act  April  IS,  1834,  P.  L.  537,  Sec.  91,  2  P.  &  L.  Dig.  4697.  Such  pro- 
cedure was  held  to  be  limited  to  the  delinquent,  and  not  to  extend  to  his 
personal  representatives  under  the  earlier  Act  of  April  6,  1802,  Sec.  4,  3  Sm. 
L.  513,  Shronk  vs.  Supervisors  of  Penn  Township,  3  Rawle  347. 


COMMISSIONERS  AND  SUPERVISORS.  95 

mary  way  by  action  of  debt  in  the  name  of  the  Commonwealth, 
before  any  justice  of  the  peace  of  the  county,  to  be  applied  to 
repairing  the  highways  of  the  township,  subject  however  to  the 
right  of  appeal  to  the  court  of  quarter  sessions.^^ 

Compensation. 

91.  The  township  supervisor  is  allowed  in  the  settlement  of 
his  account  the  sum  of  one  dollar  and  fifty  cents  for  each  day  he 
shall  be  necessarily  employed  in  the  discharge  of  the  duties  of 
his  office,  unless  his  compensation  be  fixed  by  special  or  local 
laws.*®  The  right  to  recover  for  other  than  service  rendered, 
such  as  compensation  for  teams  used  in  the  service  of  the  town- 
ship will  be  noticed  under  the  power  to  bind  the  township  by 
contract. 

The  supervisors  are  not  entitled  to  any  commission  upon 
taxes  collected,  such  service  being  performed  by  the  collector, 
the  fund  being  paid  to  the  township  treasurer  where  such  office 
exists.  Supervisors  are  not  therefore  entitled  to  a  commission 
on  taxes  worked  out  on  the  roads,'*''^  for  the  township  collector 
and  treasurer  would  not  be.*^  But  it  has  been  said  that  he  may 
recover  the  treasurer's  commission  of  two  per  cent,  on  un- 
seated land  tax,  where  there  is  no  treasurer.*^  Under  the  Act 
of  June  25,  1885,  a  commission  would  be  allowed  to  the  super- 
visor in  case  he  collects  a  special  tax  ordered  by  the  court.^^ 

For  services  rendered  in  destroying  Canada  thistles  under 
the  Act  of  April  24,  1885,^^  he  must  look  to  the  owner  of  the 
land  for  compensation. ^^ 

For  the  compensation  due  for  services  rendered  or  money  ex- 
pended he  must  present  his  claim  to  the  township  auditors,  and 

45  Act  April  15,  1834,  P.  L.  537,  Sec.  92,  2  P.  &  L.  Dig.  4697. 

46  Act  May  14,  1889,  P.  L.  87,  Sec.  i,  2  P.  &  L.  Dig.  4697. 

47  Mt.  Carmel  Township  vs.  McDonnell,  i  Kulp  20. 

48  Brennan's  Ap.,  i  Walker  522;  Lewis  vs.  Flanagan,  I  Leg.  Rec.  141. 

49  Mt.  Carmel  Twp.  vs.  McDonnell,  i  Kulp  20. 

50  Act  June  25,  1885,  P.  L.  187,  Sec.  4,  2  P.  &  L.  Dig.  4604. 

51  Act  April  24,  1885,  P.  L.  9,  I  P.  &  L.  Dig.  528. 

52  Bilger  vs.  Township,  22  Pa.  C.  C.  670. 


96  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

if  disallowed  must  appeal. ^^  After  a  balance  found  he  could 
sue  the  township  prior  to  1864.^^  Now  a  statutory  method  of 
collection  is  provided  by  the  levying  of  a  special  tax  and  this 
remedy  must  be  pursued. ^^ 

53  Brown  vs.  White  Deer  Twp.,  27  Pa.  109;  Dyer  vs.  Covington  Twp., 
28  Pa.  186. 

54  Carney  vs.  Wheatfield  Twp.,  4  W.  &  S.  215. 

55  Barrett  vs.  Plymouth  Twp.,  13  Montg.  46. 


CHAPTER  XL 


TAX  COLLECTOR. 


SEC 

rioN 

SECTION 

92. 

In    townships    of   the    first 

96.  Duties. 

class. 

97.  Collection  of  taxes. 

93- 

In  townships  of  the  second 

98.  Responsibility  of  collectors. 

class. 

99.  Compensation. 

94. 

Election. 

100.  Assistant   collectors. 

95- 

Oath  and  bond. 

In  Townships  of  the  First  Class. 

92.  As  already  noticed  the  duplicate  of  taxes  is  to  be  deliv- 
ered in  townships  of  the  first  class  to  the  township  treasurer, 
whose  duty  it  is  to  collect  the  same.  To  assist  him  in  this  ser- 
vice he  is  authorized  to  appoint  one  or  more  deputy  collectors. 
Together  they  shall  exercise  all  powers  conferred  by  existing 
laws  on  township  tax  collectors.^  The  compensation  is  fixed  by 
section  14  of  this  act,  which  is  to  be  five  per  cent,  of  the  taxes 
unless  a  different  rate  be  jfixed  by  ordinance  of  the  township 
commissioners.  In  paying  the  tax  a  discount  of  five  per  cent, 
is  to  be  allowed  if  paid  within  sixty  days  from  the  time  of  no- 
tice.^ If  not  paid  within  six  months  a  penalty  of  five  per  cent, 
shall  be  added.^ 

In  Townships  of  the  Second  Class. 

93.  For  townships  of  the  second  class  a  large  number  of  local 
acts  are  to  be  found  on  the  statute  books,  providing  for  the 
collection  of  taxes  in  various  townships.    A  general  system  for 

1  Act  April  28,  1899,  P.  L.  104,  Sees.  13  and  16,  4  P.  &  L.  Dig.  924-5. 

2  Act  April  28,  1899,  P.  L.  104,  Sec.  16,  4  P.  &  L.  Dig.  925. 

3  Act  June  4,  1901,  P.  L.  361,  4  P.  &  L.  Dig.  924. 

97 


98  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

those  districts  having  no  special  legislation  was  provided  by  the 
Act  of  June  25,  1885.'*  This  act  is  constitutional,  it  not  offend- 
ing against  the  provision  of  the  Constitution  relating  to  local 
legislation.^  This  legislation  authorizes  the  collection  of 
county  taxes,  though  this  subject  is  not  clearly  expressed  in  the 
title.*'  Local  laws  are  not  repealed  by  this  act.'^  Further  legis- 
lation was  passed  in  1893  which  is  general  in  its  nature,^  and 
repeals  all  inconsistent  local  laws.^ 

Election. 

94.  The  voters  of  the  township  shall  elect  triennially  one 
properly  qualified  person  for  tax  collector,  who  shall  serve  for 
three  years.^*^  His  term  of  office  shall  commence  on  the  first 
Monday  of  April  next  after  his  election.  In  case  of  vacancy, 
or  upon  failure  of  the  officer  elected  to  qualify  on  or  before  the 
fourth  day  of  the  term  of  the  court  of  quarter  sessions  next  en- 
suing his  election,  the  said  court  shall  declare  his  office  vacant, 
and  appoint  a  suitable  person,  resident  in  the  proper  township 
to  fill  the  same.^^     Such  vacancy  does  not  occur  until  the  court 

4  Act  June  25,  1885,  P.  L.  187. 

5  Evans  vs.  Phillipi,  117  Pa.  226;  Bennett  vs.  Hunt,  148  Pa.  257;  Com. 
vs.  Lyter,  162  Pa.  50;  Swatara  Twp.  School  Dist.'s  Appeal,  i  Pa.  Sup.  502; 
Bitting  vs.  Commonwealth,  20  W.  N.  C.  178;  Commonwealth  vs.  Frutchey, 
I  D.  R.  153;  these  cases  overrule  In  re  Hannick's  Bond,  3  Pa.  C.  C.  254; 
In  re  Collector's  Bond,  4  C.  P.  38 ;  Evans  vs.  Witmer,  2  Pa.  C.  C.  612 ; 
Commonwealth  vs.  Swab,  8  Pa.  C.  C.  1 1 1 ;  Com.  vs.  Lackawanna  Co.,  7  Pa. 
C.  C.  173.    The  appeal  in  the  latter  case  was  quashed  in  133  Pa.  180. 

6  Bennett  vs.  Hunt,  148  Pa.  257. 

7  Malloy  vs.  Reinhard,  115  Pa.  25;  Act  June  25,  1885,  P.  L.  187,  Sec. 
13 ;  Com.  vs.  Scheckler,  i  Pa.  C.  C.  505 ;  Keim  vs.  Devitt,  3  Pa.  C.  C.  250 ; 
In  re  Election,  3  Lane.  L.  R.  225 ;  Frederick  vs.  Com.,  i  L.  V.  29 ;  Reilly 
vs.  School  Board,  i  North.  Co.  312. 

8  Act  June  6,  1893,  P.  L.  333. 

9  Com.  vs.  Wunch,  167  Pa.  186 ;  Bear  vs.  Eshleman,  14  Lane.  L.  R.  273 ; 
Buckwalter  vs.  Lancaster,  12  Pa.  Sup.  272 ;  See  Com.  vs.  Huffman,  6  Pa. 
Sup.  211. 

10  Act  June  6,  1893,  P.  L.  333,  Sec.  i,  2  P.  &  L.  Dig.  4603.  For  the  effect 
of  this  legislation  on  local  acts,  see  Com.  vs.  Huffman,  6  Pa.  Sup.  211. 

11  Act  June  25,  1885,  P.  L.  187,  Sees,  i  and  2,  2  P.  &  L.  Dig.  4603. 


TAX   COLLECTOR.  99 

declares  it.^-  By  the  Act  of  July  2,  1895,^^  the  court  of  quar- 
ter sessions  is  authorized  to  appoint  in  case  of  any  vacancy, 
upon  petition  of  any  resident  citizen,  a  suitable  person  for  the 
unexpired  term.^* 

Oath  and  Bond. 

95.  The  collector  of  taxes  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe  an  oath  of  office,  and  file 
the  same  in  the  office  of  the  court  of  quarter  sessions  of  the 
proper  county,  and  shall  also  enter  into  a  bond  to  the  Common- 
wealth in  double  the  probable  amount  of  taxes  that  will  come 
mto  his  hands,  with  at  least  two  sufficient  sureties ;  said  bond  to 
be  approved  by  the  said  court;  the  condition  of  which  bond 
shall  be,  that  the  said  collector  shall  well  and  truly  collect  and 
pay  over,  or  account  for,  according-  to  law,  the  whole  amount 
of  taxes  charged  and  assessed  in  the  duplicates,  which  shall  be 
delivered  to  him.^^  Under  some  local  acts  the  county  treasurer 
approves  the  bond.^^  Or  appoints  the  collector.^'''  Only  one 
bond,  to  be  approved  by  the  court,  is  required  since  the  Act  of 
1893.^®     But  it  must  be  renewed  annually.^^ 

Collectors  of  special  taxes  are  required  to  give  bonds  as  fixed 
by  the  court,  and  to  be  approved  by  it.  If  the  officer  does  not 
qualify,  he  shall  nevertheless  assess  and  levy  the  tax,  and  the 
court  may  appoint  a  tax  collector  to  receive  the  moneys  due. 
In  such  case  he  shall  give  bond.^*' 

The  tax  collector  is  accountable  to  the  county  or  township 

12  Com.  vs.  Stambaugh,  164  Pa.  437;  Com.  vs.  Lindenmoyer,  5  North. 
165. 

13  Act  July  2,  1895,  P.  L.  434,  Sec.  i,  3  P.  &  L.  Dig.  593. 

14  Com.  vs.  Lindenmoyer,  5  North  165. 

15  Act  June  25,  1885,  P.  L.  187,  Sec.  3,  2  P.  &  L.  Dig.  4603. 

16  Com.  vs.  Jimison,  205  Pa.  367. 

17  Mattern  vs.  Allegheny  County  Com.,  12  D.  R.  244. 

18  Act  June  6,  1893,  P.  L.  333,  2  P.  &  L.  Dig.  4603 ;  Com.  vs.  Dauphin 
Co.  Com.,  3  D.  R.  584. 

19  Sullivan  Co.  vs.  Middendorf,  7  Pa.  Sup.  71. 

20  Act  May  25,  1878,  P.  L.  150,  Sec.  i,  2  P.  &  L.  Dig.  4604. 


lOO  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

treasurer  for  the  taxes  which  he  receives.-^  And  it  is  no  de- 
fense that  the  moneys  received  were  paid  to  another  than  the 
person  provided  by  statute.-^  It  is  the  duty  of  the  township 
auditors  to  settle  his  accounts,  and  such  is  conclusive  unless  an 
appeal  be  taken  to  the  court  of  common  pleas  as  provided  by 
law.^^  If,  however,  the  settlement  be  conditional,  the  audi- 
tors may  make  a  re-settlement  and  adjustment  of  the  accounts 
if  the  condition  be  not  fulfilled.^*  A  suit  on  the  bond  of  the  tax 
collector  is  properly  brought  in  assumpsit,  and  the  averments 
of  the  statement  are  sufficient,  when  it  assigns  with  certainty 
the  failure  to  pay  or  account  for  a  definite  sum  claimed  as  a 
balance  of  the  taxes  in  the  duplicate  for  a  given  year.^^  But 
no  suit  may  be  brought  upon  the  bond  until  a  settlement  of  the 
accounts  has  been  had.^*^  An  action  against  the  sureties  based 
upon  an  auditor's  report  showing  what  was  claimed  to  be  due 
in  lump  for  three  years  cannot  be  maintained  where  there  are 
different  sureties  for  each  year;  nor  can  a  recovery  be  had  in 
such  action  upon  another  report  attempting  to  separate  the 
amounts  due  for  each  year,  which  report  was  made  after  suit 
brought.^''^  But  a  tax  collector  may  be  convicted  of  defalcation 
under  the  Act  of  June  3,  1885,^^  when  he  has  been  in  default 
as  to  moneys  which  he  had  collected  within  two  years  prior  to 
the  finding  of  the  indictment,  where  he  used  some  of  the 
moneys  collected  within  two  years,  to  make  good  a  defalcation 
m  previous  years,  and  although  he  paid  into  the  county  treas- 
ury during  the  two  years,  more  money  than  he  had  collected  in 
that  time.^^    And  a  recovery  may  be  had  from  the  surety  where 

21  Township  vs.  Blackwell,  4  Lane.  L.  R.  330. 

22  Com.  vs.  McAndrews,  8  Kulp  335. 

23  Act  June  25,  1885,  P.  L.  187,  Sec.  11,  2  P.  &  L.  Dig.  4610 ;  Com.  vs. 
Gruver,  13  Pa.  Sup.  553. 

24  Com.  vs.  Allis,  19  Pa.  Sup.  130 — here  a  township  treasurer. 

25  Com.  vs.  Gruver,  13  Pa.  Sup.  553. 

26  Swatara  Twp.   School  District's  Appeal,   i    Pa.   Sup.  502. 

27  Com.  vs.  Piroth,  17  Pa.  Sup.  586. 

28  Act  June  3,  1885,  P.  L.  72,  i  P.  &  L.  Dig.  1194. 

29  Com.  vs.  McCullough,  19  Pa.  Sup.  412. 


TAX   COLLECTOR.  lOI 

the  money  collected  on  the  duplicate  of  the  second  year  was 
used  to  pay  the  sum  on  the  first.^^ 

A  condition  in  the  bond  that  the  collector  will  pay  to  the 
county  treasury  the  amount  of  his  duplicate,  deducting  com- 
missions is  good,  the  liability  not  being  greater  than  that  im- 
posed by  law.^^  The  absence  of  a  seal  to  the  signature  of  one 
of  the  sureties  does  not  affect  his  liability.  The  question  as  to 
V'hether  he  adopted  the  seal  of  one  of  his  co-sureties  is  for  the 
jyj-y  32  ^  county  treasurer  cannot  release  the  sureties  by  ac- 
cepting a  note  from  the  collector,  and  putting  the  same  in  judg- 
ment.^^  A  surety  cannot  protect  himself  by  showing  that  a  por- 
tion of  the  taxes  collected  under  the  warrant  had  been  levied 
upon  certain  persons  and  property,  not  liable  to  taxation.** 
When  the  collector's  liability  on  the  bond  for  the  county  rates, 
has  been  barred  by  the  statute  of  limitations,  but  that  for  the 
State  tax  remains,  under  a  general  plea  of  the  statute  in  an  ac- 
tion on  his  bond,  both  county  and  State  taxes  are  recoverable. *° 
Interest  is  recoverable  from  a  reasonable  time  after  the  collec- 
tor became  liable.*^ 

Duties. 

96.  The  Act  of  1885  directed  that  the  tax  collectors  should 
collect  the  township  taxes  as  well  as  those  of  the  county,  school 
or  poor  district.^^  This  act  repeals  former  legislation  allowing 
the  school  board  to  appoint  a  collector  for  the  school  district. 
He  is  entitled  to  the  duplicate  of  county  taxes,  and  the  county 
commissioners  can  be  compelled  by  mandamus  to  furnish  it.^^ 
The  duplicate  is  to  be  delivered  on  or  before  the  first  day  of  Au- 

30  Com.  vs.  Knettle,  182  Pa.  176. 

31  Glover  vs.  Wilson,  6  Pa.  290. 

32  Templeton  vs.  Com.,  8  Atl.  Rep.  167. 

33  Templeton  vs.  Com.,  8  Atl.  Rep.  167. 

34  Moore  vs.  Allegheny  City,  18  Pa.  55. 

35  Stiles  vs.  Reynolds,  24  Pitts.  L.  J.  O.  S.  33. 

36  Glover  vs.  Wilson,  6  Pa.  290. 

37  Act  June  25,  1885,  P.  L.  187,  Sec.  4,  2  P.  &  L.  Dig.  4604. 

38  Com.  vs.  Lyter,  162  Pa.  50 ;  Somerville  vs.  Gallaher,  13  Pa.  C.  C.  666. 


I02  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

gust,  but  the  collector  cannot  refuse  to  receive  the  same,  be- 
cause it  is  not  tendered  on  that  day,  when  he  knew  before  that 
time  that  it  was  ready  for  him.^^  Special  taxes,  or  road  taxes 
not  worked  out  after  full  opportunity  has  been  given  to  do  so,^^ 
are  also  to  be  delivered  to  the  tax  collector  for  the  collection  of 
which  he  shall  receive  a  commission  of  five  per  cent.  The  su- 
pervisors or  road  commissioners  may  nevertheless  collect  these 
special  taxes  themselves.^  ^  But  they  cannot  give  the  duplicate 
to  a  third  party.^^ 

When  a  duplicate,  of  which  a  list  shall  be  kept  by  the  clerk 
of  the  commissioners,^^  for  county  taxes  is  received,  the  treas- 
urer of  the  county  shall  be  given  credit  therewith,  and  the  same 
charged  against  the  collector,  who  shall  make  monthly  returns 
of  the  sums  received  to  the  county  commissioners.^^ 

The  collector  is  required  to  keep  a  book  in  which  shall  be  en- 
tered in  alphabetical  order  the  names  of  all  persons  charged 
with  taxes  in  the  duplicate  and  showing  the  amount  of  such 
tax  charged  against  each  person ;  which  book  shall  at  all  times 
be  open  to  the  inspection  of  each  taxpayer.  The  cost  thereof 
shall  be  allowed  the  collector  in  the  settlement  of  his  accounts, 
and  the  book  shall  be  delivered  to  his  successor  at  the  expira- 
tion of  his  term.'*^  This  list  is  not  required  in  the  case  of  road 
taxes.^^ 

When  the  duplicate  is  received,  public  notice  shall  be  given 
as  soon  as  possible  by  at  least  ten  written  or  printed  notices  to 
be  posted  in  as  many  public  places  in  different  parts  of  the 
township.  All  persons  who  shall  pay  within  60  days  shall  be 
entitled  to  a  reduction  of  five  per  cent.,  and  those  who  fail 

39  Somerville  vs.  Gallaher,  13  Pa.  C.  C.  666. 

40  Kemmerer  vs.  Foster  Twp.,  120  Pa.  153. 

41  Magill  z;^.  Hellyer,  2  D.  R.  644;  sub  nom.  Magill's  Case,  13  Pa.  C.  C. 
257- 

42  Magill  vs.  Hellyer,  supra. 

43  Act  Feb.  28,  1835,  P-  L-  45,  Sec.  4,  2  P.  &  L.  Dig.  461 1. 

44  Act  June  8,  1891,  P.  L.  212,  Sec.  i,  2  P.  &  L.  Dig.  4605. 

45  Act  June  25,  1885,  P.  L.  187,  Sec.  6,  2  P.  &  L.  Dig.  4606. 

46  Act  June  25,  1885,  P.  L.  187,  Sec.  4,  2  P.  &  L.  Dig.  4604. 


TAX   COLLECTOR.  IO3 

to  pay  within  six  months  shall  be  charged  five  per  cent,  addi- 
tional.^"^ This  right  to  abatement  for  prompt  payment  does 
not  apply  to  road  taxes.'*^  The  penalty  may  be  imposed, 
though  an  appeal  from  the  assessment  is  pending."^^  In  order 
that  all  may  take  advantage  of  the  rebate  he  is  required  to  be  in 
attendance  by  himself  or  authorized  agent,  for  the  purpose  of 
receiving  and  receipting  for  taxes  on  Thursday,  Friday  and 
Saturday  of  each  week  during  the  last  two  weeks  of  the  said 
60  days,  between  the  hours  of  two  and  six  o'clock  in  the  after- 
noon, at  his  residence,  or  some  other  place  in  the  proper  town- 
ship to  be  designated  by  him  in  the  notice  aforesaid. ^°  Num- 
bered tax  receipts  shall  be  given  upon  payment,  and  a  copy  of 
the  stubs  showing  the  tax  paid  with  the  date  shall  be  sent  to 
the  office  of  the  county  commissioners,  which  shall  be  open  to 
public  inspection.  A  failure  to  do  so  is  made  a  misdemeanor.^^ 
Monthly  returns  are  also  required  showing  taxes  collected  and 
uncollected  since  the  Act  of  July  9,  1897.^^ 

Ccllection  of  Taxes. 

97.  The  warrant  furnishes  authority  for  the  collection  of 
the  tax.^^  It  has  been  customary  to  extend  the  period  of  col- 
lection for  one  year  or  more.^*  He  at  once  becomes  liable  for 
the  amount  of  the  duplicate,  and  cannot  relieve  himself  from 
this  obligation  by  resigning,  and  proffering  the  duplicate  to  his 
successor.^^  It  is  made  the  duty  of  the  collector,  in  case  of 
a  refusal  to  pay  within  thirty  days  after  demand  made,  to  levy 

47  Act  June  25,  1885,  P.  L.  187,  Sec.  7,  2  P.  &  L.  Dig.  4606. 

48  Kemmerer  vs.  Foster  Township,  120  Pa.  153. 

49  Lehigh  C.  &  N.  Co.  vs.  Gormley,  8  D.  R.  375,  s.  c.  21  Pa.  C.  C.  636. 

50  Act  June  25,  1885,  P.  L.  187,  Sec.  8,  2  P.  &  L.  Dig.  4607. 

51  Act  June  25,  1895,  P.  L.  296,  3  P.  &  L.  Dig.  593. 

52  Act  July  9,  1897,  P.  L.  242,  3  P.  &  L.  Dig.  594. 

53  Act  April  15,  1834,  P.  L.  486,  Sec.  21,  2  P.  &  L.  Dig.  4607. 

54  See  Act  of  June  25,  1895,  P.  L.  287;  Act  May  11,  1897,  P.  L.  49;  Act 
March  29,  1899,  P.  L.  22;  Act  March  27,  1901,  P.  L.  60;  Act  Feb.  13,  1903. 
P.  L.  S. 

55  Com.  vs.  Ferrell,  17  Pa.  C.  C.  263. 


I04  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

such  amount  by  distress  and  sale  of  the  goods  and  chattels  of 
such  delinquent,  giving"  ten  days'  public  notice  of  such  sale,  by 
written  or  printed  advertisements,  and  in  case  goods  and  chat- 
tels sufficient  to  satisfy  the  same  with  the  costs  cannot  be  found, 
such  collector  shall  be  authorized  to  take  the  body  of  such  de- 
linquent and  to  convey  him  into  the  jail  of  the  proper  county, 
there  to  remain  until  the  amount  of  such  tax,  together  with  the 
costs  shall  be  paid  or  secured  to  be  paid,  or  until  he  shall  be 
otherwise  discharged  by  due  course  of  law.^^  The  commitment 
must  be  by  the  collector,  and  not  a  justice.^'^  But  no  female, 
infant,  or  person  of  unsound  mind  shall  be  imprisoned  for  non- 
payment of  taxes.^^  It  is  not  necessary  that  a  warrant  should 
be  delivered  to  the  collector  with  the  duplicate.  The  latter  is  a 
sufficient  authorization  to  him  to  collect. ^^  But  the  warrant 
must  set  forth  the  facts  justifying  the  imprisonment.  Thus, 
where  two  taxes  are  named,  it  is  not  sufficient  to  give  the 
amount  in  the  aggregate.^*^ 

Taxes  on  unseated  lands  are  not  to  be  collected,  but  shall  be 
certified  and  returned  by  the  several  authorities  levying  the 
same  to  the  county  commissioners  to  be  collected.^ ^  Such  re- 
turns are  to  be  made  before  the  first  of  January  of  each  year.^^ 

Collectors  shall  not  sue  for  taxes  until  their  warrants  have 
expired,  and  only  in  case  they  have  not  been  exonerated.®^ 
In  such  suit  it  must  appear  that  the  collector  has  not  been  ex- 
onerated.®^ 

56  Act  April  15,  1834,  p.  L.  509,  Sec.  21,  2  P.  &  L.  Dig.  4607. 

57  Com.  vs.  Deuel,  8  D.  R.  431. 

58  Act  April  15,  1831,  P.  L.  509,  Sec.  45,  2  P.  &  L.  Dig.  4608. 

59  Com.  vs.  Ferrell,  17  Pa.  C.  C.  263;  Com.  vs.  Stambaugh,  164  Pa.  437. 

60  Sommer's  Case,  19  Montg.  60. 

61  Act  June  25,  1885,  P.  L.  187,  Sec.  12,  2  P.  &  L.  Dig.  4623. 

62  Act  April  21,  1856,  P.  L.  477,  Sec.  2,  2  P.  &  L.  Dig.  4622. 

63  Act  April  15,  1834,  P.  L.  509,  Sec.  50,  2  P.  &  L.  Dig.  4608,  and  the 
Supplement  of  April  11,  1848,  P.  L.  517,  Sec.  3,  2  P.  &  L.  Dig.  4608. 

64  Gring  vs.  Burkholder,  2  Woodward  82;  Bouck  vs.  Supervisors  of 
Kittanning,  i  Am.  Law  Reg.  125. 


TAX   COLLECTOR.  IO5 

Exonerations  may  be  made  by  the  proper  authorities,  when 
the  tax  is  not  collectible.^^ 

The  duty  of  the  collector  is  to  receive  the  money,  and  pay  the 
same  to  the  proper  authorities.  He  is  not  required  to  pay  or- 
ders drawn  by  the  township  treasurer.  Nor  will  the  court 
compel  him  to  pay  such  an  order  by  mandamus,  where  there  is 
a  vacancy  in  the  office  of  treasurer.^^ 

Road  and  poor  taxes  may  be  collected  by  levy  and  sale,  as 
are  school  and  county  taxes  since  the  Act  of  May  22,  1895,^'^ 
but  this  legislation  does  not  deprive  of  the  right  to  work  out 
any  portion  of  the  road  tax,  as  provided  by  existing  law.  In 
so  acting,  the  provisions  of  the  Act  of  April  15,  1834,^^  con- 
trol.«» 

Responsibility  of  Collectors. 

98.  In  case  the  collector  shall  fail  to  perform  the  duties 
imposed  upon  him,  he  shall  forfeit  a  sum  not  exceeding  forty 
dollars  which  penalty,  however,  shall  not  relieve  the  sureties 
upon  his  bond.'^°  Should  he  refuse  to  serve,  he  shall  be  subject 
to  a  penalty  of  fifty  dollars.''^^ 

The  commissioners  are  directed  to  file  a  certificate  under 
their  hands  and  seals  in  the  office  of  the  prothonotary  of  the 
court  of  common  pleas  of  the  county  within  three  months  after 
the  delivery  of  the  duplicate  to  the  collector,  stating  the 
amount  due  and  unpaid  by  such  collector.  This  certificate  shall 
be  docketed,  and  have  the  same  effect  as  a  judgment  upon 
which  execution  may  issue  for  the  amount  remaining  unpaid 

6s  Act  June  25,  1885,  P.  L.  187,  Sec.  10,  2  P.  &  L.  Dig.  4610. 

66  Hoover  vs.  Reap,  10  Kulp  59,  s.  c.  14  York  62. 

67  Act  May  22,  1895,  P.  L.  11 1,  3  P.  &  L.  Dig.  595. 

68  Act  April  15,  1834,  P.  L.  509,  2  P.  &  L.  Dig.  4597. 

69  Rice  vs.  Burns,  9  Pa.  Sup.  58. 

70  Act  April  IS,  1834,  P.  L.  S09,  Sec.  41,  2  P.  &  L.  Dig.  4611. 

71  Act  April  22,  1846,  P.  L.  486,  Sec.  20,  2  P.  &  L.  Dig.  4612. 


I06  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

at  any  time  after  the  entry  aforesaidJ^  This  is  not  affected 
by  the  Act  of  June  25,  1885.'^^ 

No  defaulting  or  dehnquent  collector  shall  be  appointed 
again  until  he  shall  have  finally  settled,  and  paid  over  the  whole 
amount  received  by  him  on  former  duplicates.'^^  But  if  re- 
appointed his  sureties  are  nevertheless  liable.'^^ 

Defaulting  tax  collectors  are  guilty  of  the  crime  of  embez- 
zlement.'^'^ And  even  though  he  pays  into  the  county  treasury 
during  the  two  years  prior  to  the  indictment  more  money  than 
he  had  collected  in  that  time,  a  part  being  to  cover  a  prior  de- 
falcation, he  may  be  convicted. ''^^  But  an  indictment  cannot  be 
sustained,  because  of  duplicity,  under  this  act  where  there  is 
joined  in  one  count  a  charge  of  embezzlement  of  State,  county 
and  school  funds. "^^ 

By  the  Act  of  1799  county  treasurers  were  given  power  to 
issue  warrants  against  defaulting  collectors  or  against  sheriffs 
or  coroners  detaining  taxes,  and  also  to  sell  the  lands  of  such 
persons. ^^ 

Though  the  Act  of  Assembly  gives  two  years  in  which  to 
collect  taxes,  the  collector  is  not  entitled  to  wait  the  expiration 
of  his  term  and  three  months  after  to  settle  his  accounts  for  the 
first  year  of  his  term.^^ 

Compensation. 

99.  The  collector  is  allowed  two  per  cent,  on  all  taxes  paid  to 

72  Act  Feb.  28,  1835,  p.  L.  45,  Sec.  3,  2  P.  &  L.  Dig.  461 1.  For  school 
taxes  see  Act  of  April  11,  1862,  P.  L.  474. 

74  School  District  vs.  Pitts    184  Pa.  156. 

75  Act  April  15,  1834,  P.  L.  509,  Sec.  42,  2  P.  &  L.  Dig.  4611 ;  Act  Feb. 
28,  183s,  P-  L.  45,  Sec.  5,  2  P.  &  L.  Dig.  461 1. 

76  Boreland  vs.  Washington  Co.,  20  Pa.  150. 

77  Act  June  3,  1885,  P.  L.  72,  Sec.  i,  2  P.  &  L.  Dig.  4612. 

78  Com.  vs.  McCullough,  ig  Pa.  Sup.  412. 

79  Com.  vs.  Miller,  20  Pa.  C.  C.  183. 

80  Act  April  II,  1799,  3  Smith's  Laws  392,  Sees.  18,  19,  20  and  21,  2  P. 
&L.  Dig.  4612-14. 

81  Com.  vs.  Ferrell,  17  Pa.  C.  C.  263. 


TAX   COLLECTOR.  lO/ 

him  on  which  an  abatement  of  five  per  cent,  is  allowed,  and  five 
per  cent,  on  all  taxes  afterward  collected,  provided  that  where 
the  duplicate  is  less  than  $1000.00,  he  shall  receive  three  per 
cent,  on  the  taxes  on  which  the  abatement  is  allowed.  All 
taxes  collected  within  sixty  days  shall  be  paid  over  within  fif- 
teen days  after  the  expiration  of  the  said  sixty  days,  and  all 
taxes  thereafter  collected  during  his  term  of  office  shall  be 
paid  over  at  regular  intervals  of  one  month,  and  a  full  and 
complete  settlement  of  all  taxes  collected  shall  be  made  by 
the  said  collector  not  less  than  three  months  after  the  expira- 
tion of  his  term  of  office.^^  The  collectors  of  county  taxes  are 
required  to  make  their  returns  under  oath  or  affirmation  which 
the  county  treasurers  are  authorized  and  required  to  adminis- 
ter, and  which  shall  be  filed  in  the  commissioners'  office  of  the 
proper  county.^ ^ 

The  two  per  cent,  commission  allowed  by  the  Act  of  1891  is 
not  to  include  the  five  per  cent  abatement  for  prompt  payment, 
but  he  is  entitled  to  a  five  per  cent,  commission  on  taxes  col- 
lected after  six  months,  and  on  the  penalty  added  for  delin- 
quent payment.^^  The  compensation  of  a  collector  of  a  special 
tax  is  five  per  cent.^^ 

Since  the  Act  of  1893  repealed  local  laws  as  to  the  collection 
of  taxes,  collectors  must  be  compensated  as  provided  in  the 
Act  of  1885,  and  the  supplement  of  1891,  and  not  as  directed 
by  special  laws  on  the  subject.^®  But  if  the  collector  has  been 
paid  under  the  local  act  without  objection  he  cannot  recover 
back  the  difference  after  settlement,  since  such  is  binding  on 
him.^^ 

82  Act  June  2,  1891,  P.  L.  175,  Sec.  i,  2  P.  &  L.  Dig.  4609.    This  is  an 
amendment  to  Sec.  9  of  the  Act  of  June  25,  1885,  P.  L.  187. 

83  Act  April  22,  1846,  P.  L.  486,  Sec.  19,  2  P.  &  L.  Dig.  4609. 

84  Com.  vs.  Scott,  7  Pa.  C.  C.  409. 

85  In  re  Indebtedness  of  Sugar  Notch  Borough,  10  Kulp  340. 

86  Buckwalter  vs.  Lancaster  County,  12  Pa.  Sup.  272. 

87  Sides  vs.  Lane.  Co.,  9  D.  R.  609;  17  Lane.  L.  Rev.  275.  See  Ephrata 
Township  School  Board  vs.  County,  17  Lane.  L.  R.  317. 


I08  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

The  tax  collector  is  not  entitled  to  commissions  upon  taxes 
worked  out  on  the  road  or  on  exonerations.^^ 

Assistant  Collectors. 

lOO.  Collectors  may  employ  suitable  persons  to  act  for  them 
in  the  execution  of  their  warrants,  such  collectors  and  their 
sureties  being  in  all  cases  responsible  for  the  acts  of  such 
deputies.^^ 

Executors  or  administrators  of  deceased  tax  collectors  have 
the  same  powers  as  the  tax  collector  himself  would  have  if 
h'ving,  to  enforce  the  collection  of  unpaid  taxes  until  the  end 
of  two  years,  from  the  date  of  the  warrant,  or  they  may  employ 
suitable  persons  to  act  for  them  in  the  execution  of  the  war- 
rants.^® 

88  Brennan's  Appeal,  i  Walker  522 ;  Lewis  vs.  Flanagan,  i  Leg.  Rec.  Rep. 
141. 

89  Act  April  15,  1834,  P.  L.  509,  Sec.  51,  2  P.  &  L.  Dig.  4608.  Note.— 
For  townships  of  the  first  class,  see  section  92. 

90  Act  March  26,  1867,  P.  L.  45,  Sec.  i,  2  P.  &  L.  Dig.  4608. 


CHAPTER  XII. 

TOWN  CLERK. 

SECTION  SECTION 

lOi.  In    townships    of    the    first  102.  In   townships   of  the   second 

class.  class. 

103.  Duties. 

In  Townships  of  the  First  Class. 

loi.  In  townships  of  the  first  class  the  board  of  commission- 
ers shall  elect  a  town  clerk,  who  must  be  a  qualified  voter  of 
the  township  and  not  a  member  of  the  board.  He  shall  perform 
all  the  duties  of  town  clerk,  as  prescribed  by  existing  laws.  He 
shall  also  act  as  secretary  of  the  board,  shall  be  the  official 
keeper  of  the  minutes  and  shall  generally  do  and  perform  such 
duties  as  may  be  prescribed  by  ordinance  of  the  board.  His 
salary  shall  be  fixed  by  ordinance.^  The  fact  that  the  ap- 
pointee is  a  member  of  the  Legislature  will  not  prevent  his  act- 
ing, since  such  offices  are  not  incompatible  under  Art.  2,  Sec. 
6  of  the  Constitution.^ 

In  Townships  of  the  Second  Class. 

102.  The  electors  of  each  township  shall  annually  choose  a 
town  clerk,  who  shall  serve  for  one  year,  and  until  a  successor 
shall  be  duly  elected  or  appointed.  But  such  person  shall  not 
be  elected  unless  he  receive  at  least  one-half  of  the  number  of 
votes  polled  at  the  same  election  for  supervisors.^  By  section  83 
of  this  act  the  court  of  quarter  sessions  is  directed  to  appoint 

1  Act  May  28,  1899,  P.  L.  104,  Sec.  19,  4  P.  &  L.  Dig.  926. 

2  Com.  vs.  Murphey,  25  Pa.  C.  C.  637,  15  York  99,  17  Montg.  Co.  174. 

3  Act  April  IS,  1834,  P-  L-  537,  Sec.  81,  2  P.  &  L.  Dig.  4685. 

109 


no  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

where  a  vacancy  occurs  by  death,  resignation  or  otherwise,  or 
where  there  is  a  refusal  or  neglect  to  serve.  The  court  may 
therefore  appoint,  when  the  person  elected  refuses  to  serve 
before  the  commencement  of  his  term.^ 

Duties. 

103.  The  town  clerk  shall  be  clerk  to  the  supervisors  and  as 
such  shall  keep  a  record  of  the  proceedings  of  the  said  offi- 
cers. For  this  purpose  he  shall  provide  suitable  books  at  the 
expense  of  the  township.  His  records  shall  be  open  to  search, 
for  each  of  which  searches  he  shall  be  entitled  to  a  fee  of  ten 
cents.  The  compensation  for  his  general  duties  shall  be  fixed 
by  the  supervisors.^  In  case  he  refuses  to  produce  the  books 
before  the  auditors  when  directed,  an  attachment  may  issue, 
and  a  commitment  issue.^ 

He  shall  also  receive  and  hold  the  oaths  of  township  officers, 
which  are  by  law  required  to  be  filed  with  him.''' 

4  Appointment  of  Town  Clerk  for  Nether  Providence  Township,  10  D. 
R.  631 ;  8  Del.  Co.  141 ;  14  York  167. 

5  Act  April  15,  1834,  P.  L.  537,  Sees.  99,  100  and  loi,  2  P.  &  L.  Dig. 
4685-6. 

6  Twp.  of  Mclntyre  vs.  Walsh,  137  Pa.  302. 

7  Act  April  IS,  1834,  P-  L-  537.  Sec.  86,  2  P.  &.  L.  Dig.  4687. 


CHAPTER  XIIL 


TOWNSHIP  AUDITORS. 


SECT 

ION 

SECTION 

104. 

Auditors  in  townships  of  the 

113.  Appeal. 

first  class. 

114.  Recognizance. 

105. 

Township  auditors. 

115.  Power  of  court  to  modify. 

106. 

Meetings. 

116.  Costs. 

107. 

General  duties. 

117.  Compensation. 

108. 

Duties  as  to  accounts. 

118.  Vacancies. 

109. 

Presentation  of  claims. 

119.  Duties  as  to  fences. 

1 10. 

Effect  of  settlement. 

120.  Duties  of  the  viewers. 

III. 

Conclusiveness. 

121.  Penalty  for  neglect  of  duty. 

112. 

Report  of  auditor. 

122.  Compensation. 

Auditors  in  Townships  of  the  First  Class. 

104.  In  townships  of  the  first  class,  a  township  auditor  is  to 
be  elected  annually  who  shall  serve  for  three  years.^  His 
duties  are  the  same  as  those  to  be  performed  by  auditors  in 
townships  of  the  second  class.^ 

Township  Auditors. 

105.  Unless  otherwise  provided  by  special  legislation,  three 
auditors  are  to  be  chosen  for  a  term  of  three  years,  one  to  be 
elected  each  year.^  As  in  the  case  of  other  township  officers  an 
oath  or  affirmation  must  be  taken  before  a  duly  authorized  per- 
son, and  a  certified  copy  thereof  filed  with  the  town  clerk,  if  any 
such  there  be.*  But  it  has  been  said  that  on  a  mandamus  to 
compel  the  resettling  of  accounts  the  court  will  not  inquire  into 

1  Act  April  28,  1899,  P.  L.  104,  Sec.  4,  4  P.  &  L.  Dig.  914. 

2  Act  April  28,  1899,  P.  L.  104,  Sec.  20,  4  P.  &  L.  Dig.  926. 

3  Act  April  15,  1834,  P.  L.  537,  Sec.  81,  2  P.  &  L.  Dig.  4693. 

4  Act  April  IS,  1834,  P.  L.  537,  Sec.  86,  2  P.  &  L.  Dig.  4696. 

Ill 


112  LAW   OF  TOWNSHIPS  IN    PENNSYLVANIA. 

the  question  of  such  qualifications,  since  the  auditors  acted  as 
such  de  facto,  if  not  de  jure.^ 

Meetings. 

1 06.  By  the  Act  of  1834  the  auditors,  two  of  whom  duly 
convened  shall  be  a  quorum,  were  directed  to  meet  on  the  sec- 
ond Monday  of  April,  and  oftener  if  necessary,  to  audit,  settle 
and  adjust  the  accounts  of  the  supervisors,  township  treasurer 
and  of  such  other  township  officers  as  shall  be  referred  to 
them.^  In  1874  the  time  was  changed  to  the  first  Monday  of 
June,'^  but  was  subsequently  fixed  again  for  the  second  Mon- 
day of  April,  except  as  to  the  accounts  of  school  directors.^ 
This  was  again  altered  to  the  second  Monday  of  March, 
where  it  now  stands,^  except  as  to  the  accounts  of  the  school 
directors  and  the  school  treasurer. 

General  Duties. 

107.  The  duties  to  be  performed  by  auditors  are  strictly 
statutory  and  consist  in  settling  the  accounts,  viewing  fences, 
and  in  certain  counties  appraising  sheep  damage.  Unless  by 
virtue  of  special  legislation  their  functions  go  no  further.  The 
court  will  not  therefore  compel  them  by  mandamus  to  coun- 
tersign obligations  of  the  township.^" 

Their  various  duties  will  be  considered  separately. 

Duties  as  to  Accounts. 

108.  It  is  the  duty  of  the  township  auditors  to  audit,  settle 
and  adjust  the  accounts  of  the  township  officers  as  already  no- 
ticed. 

By  the  Act  of  May  21,  1857,^^  supplanting  the  Act  of  June 

5  Com.  vs.  Auditors  of  Middletown,  2  Pears.  224. 

6  Act  April  15,  1834,  P.  L.  537,  Sec.  102,  2  P.  &  L.  Dig.  4689. 

7  Act  April  24,  1874,  P.  L.  112,  Sec.  i,  2  P.  &  L.  Dig.  4690. 

8  Act  March  31,  1876,  P.  L.  12,  Sec.  i,  2  P.  &  L.  Dig.  4690. 

9  Act  June  4,  1879,  P-  L.  94,  Sec.  2,  2  P.  &  L.  Dig.  4690. 

10  Com.  vs.  Upper  Darby  Auditors,  2  D.  R.  89,  s.  c.  5  Del.  Co.  22. 

11  Act  May  21,  1857,  P.  L.  631,  Sec.  i,  i  P.  &  L.  Dig.  801. 


TOWNSHIP  AUDITORS.  II 3 

13,  1836/^  they  are  also  required  to  settle  the  accounts  of 
school  treasurers  of  school  districts.  In  case  of  independent 
school  districts  three  special  auditors  are  to  be  elected,  one  each 
year  for  a  term  of  three  years  w^ho  shall  be  duly  qualified,  and 
receive  two  dollars  per  diem  for  each  day  necessarily  em- 
ployed. ^^ 

The  accounts  of  supervisors  who  act  as  overseers  of  the  poor 
by  virtue  of  the  Act  of  April  15,  1834,^^^  and  the  Act  of  Feb- 
ruary 28,  1835,-^^  are  to  be  likewise  settled  by  the  township  au- 
ditors. 

Where  overseers  of  the  poor  are  elected  ^^  they  are  township 
officers,  and  their  accounts  are  properly  considered  by  the  town- 
ship auditors.  In  case  the  poor  district  is  not  co-extensive 
with  the  county  in  which  it  is  situated,  but  is  composed  in  part 
of  the  cities,  boroughs  and  townships  of  a  county,  the  accounts 
are  to  be  audited  annually  by  a  board  consisting  of  the  senior 
auditors  of  each  city,  borough  and  township  of  which  the  dis- 
trict may  be  composed,  on  the  second  Monday  of  January  of 
each  year.  Compensation  of  one  dollar  and  fifty  cents  for  each 
day  actually  employed  is  to  be  allowed.  This  legislation  does 
not  repeal  local  acts,  which  remain  in  force. ^''^ 

Where  a  local  act  directs  the  appointment  by  the  court  of 
officers,  here  pathmasters,  and  auditors  to  settle  their  accounts, 
and  the  act  is  repealed,  but  directs  that  the  officers  shall  hold 
until  the  end  of  the  term  for  which  appointed,  the  court  can- 
not appoint  auditors  at  the  expiration  of  their  service,  but  their 
account  must  be  settled  by  the  regular  township  auditors.  ^^ 

12  Act  of  June  13,  1836,  P.  L.  525,  Sec.  9. 

13  Act  May  10,  1893,  P.  L.  41,  2  P.  &  L.  Dig.  4694. 

14  Act  April  15,  1834,  P.  L.  537,  Sec.  94,  2  P.  &  L.  Dig. 

15  Act  Feb.  28,  183s,  P.  L.  45,  Sec.  9,  2  P.  &  L.  Dig. 

16  Act  June  4,  1883,  P.  L.  66,  Sec.  i,  2  P.  &  L.  Dig. 

17  Act  June  18,  1881,  P.  L.  85,  Sees,  i  and  2,  2  P.  &  L.  Dig.  4693-4. 

18  In  re  Pathmaster's  Accounts,  10  Luz.  L.  Reg.  57. 


114  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

Presentation  of  Claims. 

109.  A  common  law  action  for  compensation  for  services 
rendered  or  money  expended  will  not  lie.  An  itemized  claim 
must  be  presented  to  the  auditors  for  adjudication/^  and,  if 
not  appealed  from,  is  conclusive.^*^  And  the  finding  of  the  au- 
ditors is  binding  not  only  upon  the  officer,  but  upon  his 
surety.^ ^  So  the  latter  is  bound  if  he  fails  to  appeal  from  a 
finding  that  certain  moneys  came  into  the  hands  of  the  super- 
visors in  a  certain  year,  and  he  cannot  show  in  a  suit  upon  the 
bond  that  the  principal  did  not  receive  credit  with  all  disburse- 
ments, and  was  improperly  charged  with  the  receipt  of  certain 
funds.^^  And  if  judgment  be  entered  upon  the  bond  by 
virtue  of  a  warrant  of  attorney  and  be  certified  to  the  court  of 
common  pleas,  the  face  of  the  record  alone  can  be  considered 
on  a  rule  to  open  the  same.^^ 

To  aid  in  the  performance  of  the  duties  imposed  the  power 
is  given  to  the  auditors  to  compel  the  attendance  of  all  parties 
and  witnesses,  and  the  production  of  books  and  papers,  and  to 
administer  oaths  and  affirmations.^^  If  an  attachment  be 
issued  upon  the  failure  of  the  town  clerk  to  produce  his  books, 
he  may  be  committed  to  jail.  In  such  case,  if  he  be  released 
upon  complying  with  the  demands  of  the  auditors,  he  cannot 
be  charged  with  the  cost  of  the  process  in  the  absence  of  agree- 
ment, there  being  no  implied  contract  to  so  obligate  himself.^^ 

The  jurisdiction  of  the  auditors  extends  only  to  accounts  of 
the  preceding  year,  and  any  action  taken  by  the  auditors  as  to 

19  Stolpe's  Appeal,  11  Kulp  143. 

20  Dyer  vs.  Covington  Twp.,  28  Pa.  186;  Porter  vs.  School  Directors, 
18  Pa.  144;  Brown  vs.  White  Deer  Twp.,  27  Pa.  109. 

21  Com.  vs.  Comer,  2  Leg.  Rec.  Rep.  334. 

22  Com.  vs.  Sweigart,  9  Pa.  Sup.  455 ;  Com.  vs.  Smythe,  21  Lane.  L.  R. 
109. 

23  Com.  vs.  Joyce,  3  Pa.  Sup.  616,  affirming  18  Pa.  C.  C.  193. 

24  Act  April  15,  1834,  P.  L.  537,  Sec.  105,  2  P.  &  L.  Dig.  4692. 

25  Mclntyre  Twp.  vs.  Walsh,  137  Pa.  302. 


TOWNSHIP  AUDITORS.  II5 

previous  accounts  is  invalid,^^  And  such  a  finding  would  not 
be  conclusive  as  to  the  surety  though  unappealed  from.^'^  But 
such  action  has  been  held  proper  where  the  accounts  for  pre- 
vious years  had  never  been  audited.^® 

Effect  of  Settlement. 

11 0.  Where  accounts  have  been  settled  the  court  will  not 
compel  by  mandamus  a  resettling,  though  the  first  action  was 
informal.  Nor  will  it  so  order  on  the  ground  that  the  auditors 
were  not  properly  qualified,  since  they  were  acting  de  facto, 
if  not  de  jure.^^  But  a  settlement  made  by  the  auditors  de- 
pendent upon  the  performance  of  a  certain  condition  by  the 
township  treasurer,  may  be  reopened  by  the  same  auditors, 
and  a  new  adjustment  made  where  the  condition  is  not  complied 
with.^*^  If  the  accounts  be  settled  by  improper  officers,  and 
the  vouchers  destroyed,  the  adjustment  will  be  considered 
prima  facie  evidence  of  the  proper  settlement  in  an  action 
brought  against  the  collector  five  years  after,  the  township  be- 
ing estopped  from  objecting  to  the  record  by  their  laches.^^ 

The  finding  should  be  of  the  amount  due  by  each  officer,  but 
if  two  supervisors  be  jointly  charged  with  the  balance,  and  this 
decision  be  not  appealed  from,  both  will  be  bound. ^- 

Conclusiveness. 

111.  As  already  noticed  the  finding  of  the  auditors  is  con- 
clusive, if  unappealed  from,  and  an  action  may  be  maintained 

26  Leasure  vs.  Mahoning  Twp.,  8  Watts  551 ;  Short  vs.  Gilson,  107  Pa. 

315- 

27  Com.  vs.  Scanlan,  202  Pa.  250. 

28  Richter  vs.  Penn  Twp.,  9  Pa.  79;  Swatara  Township  School  District 
vs.  Geesey,  7  D.  R.  173.  See  Com.  vs.  Stofer  et  al.,  2  Pearson  224;  Baer  vs. 
Weaver,  3  Kulp  57. 

29  Com.  vs.  Stofer  et  al.,  2  Pearson  224. 

30  Com.  vs.  Allis,  19  Pa.  Sup.  130. 

31  Scott  vs.  Strawn,  85  Pa.  471.  Here  the  auditors  settled  the  accounts 
of  a  collector  of  county  tax  for  which  no  authority  was  given  by  the  Acts 
of  1864  or  1866. 

32  Township  of  Carbondale  vs.  Bonner,  5  Kulp  381. 

II  Act  May  21,  1857,  P.  L.  631,  Sec.  i,  i  P.  &  L.  Dig.  801. 

8 


Il6  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

against  the  officer  for  the  balance  found  due.^^  Or  against  the 
surety.^^  Or  both.^^  But  such  action  must  be  begun  within 
six  years  or  the  statute  of  limitations  will  bar  a  recovery.^® 
If  judgment  be  entered  against  a  principal,  deceased,  and  sure- 
ties, it  may  be  stricken  off  as  to  the  former.^ ''^  It  is  not  neces- 
sary that  a  scire  facias  issue  to  determine  the  exact  amount  due 
for  which  execution  shall  issue,  the  judgment  being  within  the 
control  of  the  court  who  will  protect  those  interested. ^^  If 
judgment  be  entered  against  the  supervisor  upon  appeal  on  the 
ground  that  certain  payments  were  improvident,  though  not 
fraudulent,  an  affidavit  of  defense  by  the  surety  will  be  suffi- 
cient, which  avers  that  the  balance  due  did  not  arise  from  any 
breach  of  the  bond,  and  that  the  defendant  was  not  a  party  to 
the  appeal  proceeding,^® 

If  the  balance  be  found  in  favor  of  the  officer,  and  is  un- 
appealed  from,  a  special  tax  may  be  ordered  to  pay  the  same 
by  virtue  of  the  Act  of  March  31,  1864.  It  would  seem  that 
this  method  of  collection  is  exclusive  since  this  statutory 
remedy  has  been  provided.^"  Prior  to  this  legislation  it  had 
been  held  that  a  common  law  action  could  be  maintained. ^^ 

Report  of  Auditor. 

112.  The  report  of  the  township  auditors  shall  be  filed  with 
the  town  clerk,  if  there  be  one,  and  if  there  be  no  town  clerk,  it 
shall  remain  with  the  senior  auditor,  for  the  inspection  of  all 

2,z  Com.  vs.  Allis,  19  Pa.  Sup.  130;  Tracy  vs.  Titusville  School  District, 
3  Walk.  263. 

34  Com.  vs.  Sweigart,  9  Pa.   Sup.  455 ;   Shartzer  vs.  Washington  Bor. 
School  District,  go  Pa.  192;  Com.  vs.  Gruver,  13  Pa.  Sup.  553. 

35  Com.  vs.  Allis,  19  Pa.  Sup.  130. 

36  Porter  vs.  School  Directors,  18  Pa.  144. 

37  Com.  vs.  Joyce,  3  Pa.  Sup.  616. 

38  Com.  vs.  Joyce,  18  Pa.  C.  C.  193,  affirmed  in  3  Pa.  Sup.  616. 

39  Hazle  Township  vs.  Markle,  175  Pa.  405. 

40  Barrett  vs.   Plymouth  Twp.,  13  Montg.  Co.  46. 

41  Carney  vs.  Wheatfield  Township,  4  W.  &  S.  215. 


TOWNSHIP  AUDITORS.  1 17 

persons  concerned. ^^     This  is  not  required  in  the  case  of  the 
treasurer  of  the  school  board."*^ 

Within  ten  days  after  the  settlement  the  auditors  are  re- 
quired to  publish  all  accounts  passed  upon  by  them  by  posting 
hand  bills  giving  an  itemized  statement  of  receipts  and  expen- 
ditures in  at  least  five  public  places  within  their  respective 
township.  If  any  two  offices  shall  be  exercised  by  one  person 
only  one  statement  as  to  his  accounts  is  required. ^^  This  legis- 
lation does  not  authorize  the  publication  of  the  auditors'  state- 
ment in  a  newspaper  at  the  expense  of  the  township.*^  But 
this  act  does  not  interfere  with  any  other  legislative  enactment 
requiring  annual  statements  by  road  commissioners,  super- 
visors, overseers  of  the  poor  or  school  directors  to  be  published 
in  newspapers  in  their  respective  localities.*^ 

A  copy  of  the  statement  posted  shall  be  filed  with  the  town 
clerk,  and  also  with  the  clerk  of  the  court  of  quarter  sessions, 
v/hich  shall  at  all  times  be  subject  to  inspection  by  any  citizen 
of  the  district.'*'^  It  was  held  under  the  local  Act  of  February 
17,  1859,'*^  relating  to  Schuylkill  county,  which  directed  the 
filing  of  the  statement  with  the  clerk  of  the  quarter  sessions, 
that  the  filing  of  a  copy  was  sufficient,  even  if  the  local  act  was 
not  repealed  by  that  of  April  24,  1874.*^ 

For  any  violation  of  the  Act  of  1874  a  penalty  of  twenty 
dollars  is  imposed  to  be  sued  for  in  the  name  of  the  school  dis- 
trict upon  complaint  of  any  taxpayer,  the  proceeds  to  be  paid 
into  the  treasury  of  the  school  district.^*^ 

42  Act  April  IS,  1834,  P.  L.  537,  Sec.  103,  2  P.  &  L.  Dig.  4690;  Plains 
Twp.  Audit,  15  Pa.  C.  C.  408. 

43  Com.  vs.  Auditors  of  Middletown,  2  Pears.  224. 

44  Act  April  24,  1874,  P.  L.  112,  Sec.  2,  2  P.  &  L.  Dig.  4692. 

45  Lubrecht  vs.  Hazle  Twp.,  10  Kulp  482. 

46  Act  April  24,  1874,  P.  L.  112,  Sec.  2,  2  P.  &  L.  Dig.  4692. 

47  Act  April  24,  1874,  P.  L.  112,  Sec.  2,  2  P.  &  L.  Dig.  4692. 

48  Act  Feb.  17,  1859,  P.  L.  51. 

49  Com.  vs.  Joyce,  3  Pa.  Sup.  609. 

50  Act  April  24,  1874,  P.  L.  112,  Sec.  3,  2  P.  &  L.  Dig.  4693. 


Il8  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

Appeal. 

113.  The  township,  or  officer  accounting-,  is  given  the 
right  to  appeal  to  the  court  of  common  pleas  of  the  county 
within  thirty  days  after  the  settlement  of  the  accounts,  the 
court  having  the  power  to  direct  an  issue  to  determine  disputed 
facts  if  necessary.  The  appellant  is  required  to  enter  into  a 
recognizance,  with  two  sufficient  sureties,  conditioned  to  prose- 
cute the  appeal  with  effect,  and  to  pay  all  costs  accruing  there- 
upon.^^ Subsequently  this  privilege  was  extended  to  any  tax- 
payer in  case  a  recognizance  is  entered  into  to  pay  the  costs  if 
the  final  decision  be  not  favorable  to  the  township  or  district.^^ 
The  appeal  by  the  taxpayer  is  of  like  effect  as  if  the  township 
were  the  appellant,^^  but  it  must  appear  that  the  appellants  are 
taxpayer  s.^^ 

It  must  appear  by  the  record  what  accounts  are  questioned.^^ 
The  appeal  must  be  taken  within  thirty  days.^^  But  a  party  is 
not  to  be  deprived  of  this  right  by  acts  or  omissions  of  the 
public  officers.  Therefore  if  the  appellant  be  deceived  as  to  the 
time  of  settlement,  the  appeal  may  be  allowed  nunc  pro  tunc.^"^ 
The  date  fixed  in  the  report  as  that  of  settlement  is  deemed  con- 
clusive in  the  absence  of  clear  evidence  of  fraud  or  mistake.^^ 
In  computing  the  period  allowed  for  appeal  the  day  of  settle- 
ment is  to  be  excluded,  and  if  the  thirtieth  thereafter  falls  on 
Sunday,  the  entry  of  the  appeal  on  Monday  will  be  sufficient.^* 


51  Act  April  IS,  1834,  p.  L.  537,  Sec.  104,  2  P.  &  L.  Dig.  4691. 

52  Act  April  14,  1851,  P.  L.  612,  Sec.  19,  2  P.  &  L.  Dig.  4691— required 
two  sufficient  sureties;  Act  May  i,  1876,  P.  L.  88,  Sec.  i,  2  P.  &  L.  Dig.  4691 
required  one  or  more  sufficient  sureties. 

53  Brennan's  Appeal,  i  Walk.  522;  School  District  of  Pittston  Twp.,  I 
Kulp  253. 

54  Speicher  vs.  Clifton  Township,  i  Kulp  465. 

55  Speicher  vs.  Clifton  Township,  i  Kulp  465. 

56  Chanceford  Twp.  vs.  Craley,  11  D.  R.  724. 

57  Plains  Township  Audit,  15  Pa.  C.  C.  408. 

58  Township  of  Shippen  vs.  Burlingame,  20  W.  N.  C.  254. 

59  McCready  vs.  McGovern,  i  Kulp  474. 


TOWNSHIP  AUDITORS.  IIQ 

Recognizance. 

1 14,  The  appeal  is  a  nullity  unless  the  recognizance  required 
by  the  act  be  entered  into.^^  If  it  be  defective,  the  court  may 
permit  bail  to  be  given  within  a  specified  time.  It  will  not 
be  bad  because  not  attested,  where  it  was  taken  by  the  proper 
officer.     Such  a  defect  can  be  cured  upon  motion.^^ 

Power  of  Court  to  Modify. 

115.  The  court  may  modify  the  adjustment  made,^^  or  may 
direct  an  issue  to  determine  disputed  questions  of  fact,  if  nec- 
essary.^^ From  the  decision  of  the  court  of  common  pleas,  no 
appeal  to  the  Superior  or  Supreme  Courts  lies.  The  whole 
proceeding  is  statutory,  and  no  provision  has  been  made  for 
such  review.®"*  In  Brennan's  Appeal  ®^  the  record  was  consid- 
ered on  certiorari. 

Costs. 

1x6.  In  all  cases  of  appeals  from  the  decision  of  township 
auditors,  settling  the  accounts  of  township  officers,  to  the  court 
of  common  pleas  of  any  county,  the  costs  shall  abide  the  event 
of  the  suit,®®  When  the  appeal  is  taken  the  recognizance  is 
given  to  pay  costs,  if  the  final  decision  is  not  more  favorable  to 
the  township  or  district.  If  not,  costs  are  payable  by  the  ap- 
pellant.®^ If  a  taxpayer  has  appealed,  costs  may  be  recovered 
from  the  township,  which  in  turn  has  recourse  against  him.*®^ 
If  the  decision  be  more  favorable,  then  costs  are  to  be  paid  by 
the  appellees.®^ 

60  McCready  vs.  McGovern,  i  Kulp  474. 

61  Speicher  vs.  Clifton  Township,  i  Kulp  465. 

62  Brennan's  Ap.,  i  Walker  522. 

63  Act  April  IS,  1834,  P.  L.  537,  Sec.  104,  2  P.  &  L.  Dig.  4691. 

64  Gangewere's  Ap.,  61  Pa.  342;  Thomas  vs.  Upper  Merion  Twp.,  148 
Pa.  116;  Mohney  vs.  Red  Bank  School  District,  15  Atl.  891;  Spring  Brook 
Twp.  vs.  Thomas,  8  Luz.  L.  Reg.  112. 

65  Brennan's  Appeal,  i  Walker  522. 

66  Act  May  6,  1844,  P-  L.  565,  Sec.  6,  2  P.  &  L.  Dig.  4692. 

67  Anderson's  Ap.,  9  Pa.  C.  C.  567. 

68  School  District  of  Pittston  Twp.  vs.  Walsh,  1  Kulp  253. 

69  Overseers  of  Rush  Twp.  vs.  Lynn,  4  D.  R.  651. 


I20  LAW    OF  TOWNSHIPS   IN    PENNSYLVANIA. 

Compensation. 

117.  The  compensation  of  township  auditors  shall  be  two 
dollars  per  diem  for  each  day  necessarily  employed  in  the  duties 
of  his  office.'^^  This  sum  is  payable  by  the  township  treasurer 
where  such  office  exists.'^^  The  Act  of  1889  did  not  interfere 
with  or  change  any  local  or  special  law,  by  which  a  larger 
amount  than  $2.00  per  day  was  authorized.'''^ 

Vacancies. 

118.  Vacancies  in  the  board  of  township  auditors  occurring 
by  reason  of  failure  to  elect,  by  neglect  or  refusal  to  serve,  by 
death  or  otherwise  shall  be  filled  by  the  court  of  quarter  ses- 
sions of  the  proper  county  until  the  next  annual  election."^-^ 
Such  a  vacancy  occurs  where  there  is  a  failure  to  perform  the 
duties  imposed  by  law  to  audit  the  accounts  of  township  offi- 
cers, though  the  reason  for  the  failure  was  the  neglect  of  the 
officers  to  produce  their  books  on  notice.  This  is  no  valid  ex- 
cuse, for  the  reason  that  statutory  authority  is  given  by  which 
the  appearance  can  be  compelled. ''^^ 

Duties  as  to  Fences. 

119.  In  addition  to  the  duties  imposed  upon  township  audi- 
tors in  the  settlement  of  accounts  they  are  required  to  perform 
the  duties  of  fence  viewers.  Before  assuming  their  duties  they 
are  required  to  take  an  oath  to  faithfully  and  impartially  act  in 
such  capacity, '^°  but  a  failure  to  do  so  will  not  render  their  certi- 
ficate invalid. "^^  In  case  of  the  death,  removal  or  resignation  of 
any  fence  viewers  and  auditors,  so  elected,  the  judges  of  the 
court  of  quarter  sessions  '^'^  of  the  proper  county  shall  appoint 

70  Act  May  4,  1889,  P.  L.  86,  Sec.  I,  2  P.  &  L.  Dig.  4692. 

71  Act  April  15,  1834,  P.  L.  537,  Sec.  106. 

72  Act  May  4,  1889,  P.  L.  86,  Sec.  i,  2  P.  &  L.  Dig.  4692. 

73  Act  April  S,  1834,  P.  L.  537,  Sec.  83,  2  P.  &  L.  Dig.  4696. 

74  Pittston  Twp.  Auditors,  8  Kulp  139. 

75  Act  March  11,  1842,  P.  L.  62,  Sec.  i,  i  P.  &  L.  Dig.  2084. 

76  Shriver  vs.  Stephens,  20  Pa.  138. 

yy  This  court  was  given  jurisdiction  by  the  Act  of  April  15,  1834,  P.  L. 
537,  Sec.  83,  2  P.  &  L.  Dig.  4696.     See  Jayne  vs.  Smith,  9  Pa.  C.  C.  494. 


TOWNSHIP  AUDITORS.  121 

a  suitable  person  to  fill  the  vacancy  for  the  unexpired  term  of 
the  person  whose  place  is  vacant."^^  It  is  to  be  noticed  that 
the  Act  of  1834  provided  for  the  filling  of  vacancies  in  the 
office  of  auditor  until  the  next  annual  election,  but  that  the  Act 
of  1842  provides  that  the  person  appointed  fence  viewer  shall 
serve  for  the  balance  of  the  unexpired  term.'^^ 

Duties  of  Fence  Viewers. 

120.  The  purpose  of  providing  for  fence  viewers  was  to  se- 
cure a  method  by  which  division  fences  should  be  kept  up  and 
the  expense  thereof  be  equitably  adjusted  between  the  land  own- 
ers. This  summary  proceeding  is  not  to  be  used  to  settle  dis- 
puted boundary  lines. ^^  It  provides  for  the  cases  when  any  two 
persons  shall  improve  lands  adjacent  to  each  other  or  when 
any  person  shall  enclose  any  land  adjoining  to  another's  land 
already  fenced  in  so  that  any  part  of  the  first  person's  fence  be- 
comes the  partition  fence.^^  And  the  method  provided  for  ad- 
justing the  proportionate  shares  must  be  pursued.  Until  this  is 
done  one  owner  cannot  maintain  an  action  against  the  other 
to  compel  payment  of  his  part.^^ 

Notice  shall  be  given  by  the  viewers,  within  five  days  after 
they  have  been  notified  of  any  dispute,  to  the  parties  interested. 
A  failure  to  give  such  notice  will  not  invalidate  the  proceed- 
ings when  the  party  objecting  was  present  at  the  view  without 
complaining  there  of  the  omission  to  give  previous  notice.^^ 

Upon  the  day  appointed  the  fence  viewers,  of  whom  a  ma- 
jority shall  be  a  quorum,**"*  shall  view  and  examine  the  line 
fence  in  dispute,  and  make  out  a  certificate  in  writing,  setting 
forth  whether,  in  their  opinion,  the  fence  already  built  is  suffi- 
cient, and  if  not,  what  proportion  of  the  expense  of  building  a 

78  Act  May  11,  1842,  P.  L.  62,  Sec.  2,  i  P.  &  L.  Dig.  2084. 

79  Jayne  vs.  Smith,  9  Pa.  C.  C.  494. 

80  Trego  vs.  Pierce,  119  Pa.  139. 

81  Act  May  11,  1842,  P.  L.  62,  Sec.  3,  i  P-  &  L-  Dig-  2085. 

82  Weaver  vs.  Block,  18  Montg.  195. 

83  Shriver  vs.  Stephens,  20  Pa.  138. 

84  Act  May  11,  1842,  P.  L.  62,  Sec.  8,  i  P.  &  L.  Dig.  2086. 


122  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

new  or  repairing  the  old  fence  should  be  borne  by  each  party, 
and  in  each  case  they  shall  set  forth  the  sum  which,  in  their 
judgment,  each  party  ought  to  pay  to  the  other,  in  case  he  shall 
repair  or  build  his  portion  of  the  fence,  a  copy  of  which  certifi- 
cate shall  be  delivered  to  each  of  the  parties.^^ 

The  certificate  of  the  fence  viewers  is  not  void  because  un- 
certain and  omissions  even  of  material  matters  may  be  sup- 
plied by  parol.^^  So  the  report  will  be  sustained,  where  the 
certificate  sets  forth  the  number  of  panels  requiring  resetting 
and  repairing,  though  it  fails  to  set  forth  the  sum  which  the 
defendant  ought  to  pay.^''^ 

The  decision  of  the  fence  viewers  is  final  and  no  appeal  lies 
therefrom. ^^  If  the  party  shall  be  delinquent  in  making  or  re- 
pairing the  fence  within  ten  days  after  the  copy  of  the  certifi- 
cate shall  have  been  delivered  to  him,  or  shall  fail  to  complete 
the  same  within  a  reasonable  time,  the  parties  aggrieved  may 
repair  or  build  the  fence,  and  maintain  an  action  before  a  jus- 
tice of  the  peace  to  recover  for  the  work,  labor,  service  done, 
and  materials  found,  from  the  decision  of  which  justice  either 
party  may  appeal.^^  A  statement  that  "plaintiff's  demand  is 
for  $3.90  for  viewing  a  line  fence,  October  9,  1897,  between 
the  improved  lands  of  David  Zartiman  and  said  defendant,  he 
being  the  delinquent,"  is  sufiicient.^*^ 

Jurisdiction  of  the  justice  is  not  to  be  ousted  by  raising  a 
question  of  title  to  the  land  upon  which  the  fence  stands. ^^ 

Penalty  for  Neglect  of  Duty. 

121.  If  any  viewer  shall  neglect  or  refuse  to  perform  the 

8s  Act  May  11,  1842,  P.  L.  62,  Sec.  4,  i  P.  &  L.  Dig.  2085. 

86  Shriver  vs.  Stephens,  20  Pa.  138. 

87  Roberts  vs.  Sarchet,  14  Pa.  C.  C.  372 — the  Act  of  1842  is  not  repealed 
by  the  Act  of  April  4,  1889,  P.  L.  27,  which  repealed  the  Act  of  1700,  i 
Smith's  Laws  13,  requiring  the  erection  of  fences. 

88  Evans  vs.  Jayne,  23  Pa.  34. 

89  Act  May  11,  1842,  P.  L.  62,  Sec.  5,  i  P.  &  L.  Dig.  2086. 

90  Sunday  vs.  Shuler,  12  York  134. 

91  Stephens  vs.  Shriver,  25  Pa.  78. 


TOWNSHIP  AUDITORS.  1 23 

duties  enjoined  upon  him,  he  shall  pay  for  each  neglect  or  re- 
fusal, the  sum  of  $3.00  to  be  recovered  by  the  party  aggrieved 
as  debts  of  a  like  amount  are  recoverable.^^  But  the  viewers 
shall  not  be  called  out  to  view  any  fence  between  the  first  day 
of  November  and  the  first  day  of  April  of  the  next  year.®^ 

Compensation. 

122.  Fence  viewers  shall  receive  the  sum  of  one  dollar  for 
every  day  necessarily  spent  by  them  in  the  discharge  of  their 
duties  which  they  shall  be  entitled  to  receive  from  the  delin- 
quent party,  or  in  equal  sums  from  each,  as  they  shall  decide  to 
be  just.^^ 

92  Act  May  II,  1842,  P.  L.  62,  Sec.  7,  i  P.  &  L.  Dig.  2086. 

93  Act  May  11,  1842,  P.  L.  62,  Sec.  6,  i  P.  &  L.  Dig.  2086. 

94  Act  May  11,  1842,  P.  L.  62,  Sec.  4,  i  P.  &  L.  Dig.  2085. 


CHAPTER  XIV. 


OTHER  OFFICERS. 


123.  Fire  wardens. 

124.  Free  commissioners. 

125.  Board  of  health. 

126.  Constables. 

127.  Qualifications. 

128.  Filling  of  vacancies. 

129.  Duties. 

130.  Duties. 

131.  Election. 


SECTION 

132.  Term. 

133.  Acceptance  of  ofifice. 

134.  Filling  of  vacancies. 
135-  Contested  elections. 

136.  Removal  of  justices. 

137.  Bond. 

138.  Duties. 

139.  Election  officers. 


Fire  Wardens. 

123.  By  the  Act  of  March  30,  1897/  constables  of  town- 
ships were  made  ex  officio  fire  wardens.  Their  compensation 
is  payable  by  the  county  commissioners  at  the  rate  of  fifteen 
cents  per  hour.  Those  whom  they  call  to  their  assistance  are 
likewise  to  be  paid  twelve  cents  per  hour.  The  purpose  of  this 
act  was  not  to  permit  the  owner  of  timber  lands  to  call  upon 
constables  and  thus  cast  the  burden  of  extinguishing  fires  upon 
the  county,  but  to  provide  for  those  cases  where  the  constable 
calls  upon  citizens.^  It  has  been  held  that  this  compensation 
cannot  be  recovered  from  the  county,  because  of  the  defective 
title  of  the  statute,  which  fails  to  indicate  such  a  purpose.^ 
The  question  was  left  open  in  Baker  vs.  The  County  of  War- 
ren.^ The  right  to  recover  was  affirmed  by  the  deputy  attorney 
general  in  the  Forestry  Case.^ 

1  Act  March  30,  1897,  P.  L.  9,  3  P.  &  L.  Dig.  326. 

2  Baker  vs.  County  of  Warren,  11  Pa.  Sup.  170. 

3  Hart  vs.  Tioga  County,  25  Pa.  C.  C.  272. 

4  Baker  vs.  County  of  Warren,  11  Pa.  Sup.  170. 

5  Forestry  Case,  9  D.  R.  537. 

124 


OTHER   OFFICERS.  1 25 

Constables  of  townships  are  made  ex  officio,  fire,  game,  and 
fish  wardens.  It  is  their  duty  to  enforce  the  statutes  for  the 
protection  of  forest  and  timber  lands  from  fire,  and  for  the 
protection  of  game  and  fish.  Their  compensation  in  addition 
to  their  ordinary  fees  for  the  arrest  and  prosecution  shall  be 
ten  dollars,  one-half  to  be  paid  by  the  county,  and  the  other 
one-half  by  the  State.  The  neglect  or  refusal  to  perform  these 
duties  is  made  a  misdemeanor,^ 

Tree  Commissioiiers. 

124.  It  is  the  duty  of  the  auditors  to  appoint  three  compe- 
tent freeholders  of  the  township  who  shall  hold  office  during 
the  pleasure  of  the  said  board,  and  who  shall  examine  trees  or 
fruits  supposed  to  be  infected.  The  commissioners  shall  file 
acceptances  within  ten  days  after  their  appointment  with  the 
clerk  of  the  township  who  shall  be  ex  officio  clerk  of  the  board. 
A  record  of  their  proceedings  shall  be  kept  and  all  papers  shall 
be  filed. 

It  is  made  unlawful  to  keep  any  orchard  or  nursery  tree  or 
trees  infected  with  the  contagious  diseases  known  as  yellows, 
black  knot,  peach  rosette  or  pear  blight;  or  any  vine,  plant, 
shrub,  orchard  or  nursery  tree  or  trees,  infected  with  the  San 
Jose  Scale ;  or  to  offer  for  sale  or  shipment,  or  to  sell  or  to  ship, 
any  of  the  fruit  thereof,  except  the  fruit  of  the  plum,  cherry 
and  pear  tree.  The  duty  of  the  commissioners  is  to  determine 
whether  there  is  any  violation  of  these  provisions. 

In  case  a  tree  or  fruit  is  found  to  be  infected,  a  notice  con- 
taining a  statement  of  the  facts  shall  be  given  the  owner  to  be 
signed  by  two  or  more  of  the  commissioners  directing  the  de- 
struction of  the  tree  or  fruit  within  five  days,  Sunday  excepted. 
The  owner  may  appeal,  however,  in  writing  to  the  Secretary  of 
the  Department  of  Agriculture  who  shall  detail  an  inspector  to 
view  the  trees,  the  decision  of  whom  shall  be  final. 

If  the  owner  fail  to  destroy  the  trees  condemned  or  shall  sell 

6  Act  March  22,  1899,  P.  L.  17,  4  P.  &  L.  Dig.  874. 


126  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

any  fruit  declared  to  be  infected,  he  shall  be  guilty  of  a  misde- 
meanor, and  the  tree  commissioners  or  their  agents  shall  them- 
selves destroy  the  tree  or  fruit,  for  the  execution  of  which 
power  they  may  enter  upon  the  premises  of  such  owner.  It 
shall,  however,  be  sufficient  to  extinguish  the  San  Jose  Scale 
with  effective  insecticides.  The  expenses  of  so  doing,  as  well 
as  the  expenses  of  an  inspector  if  called  upon,  shall  be  paid  by 
the  township. 

The  commissioners  shall  be  allowed  two  dollars  for  each  full 
day  and  one  dollar  for  each  half  day,  and  their  other  charges 
and  disbursements  by  the  township  board.  All  of  the  expense 
incurred  may  be  recovered  in  an  action  of  assumpsit  from  the 
owner  of  the  trees  or  fruit,  in  case  he  has  refused  to  remove  the 
same  in  compliance  with  the  order  of  the  commissioners.'' 

Board  of  Health. 

125.  The  school  directors  of  each  township  are  constituted  a 
board  of  health  in  addition  to  the  other  powers  vested  in  them. 
As  such  they  have  power  to  make  and  enforce  all  needful  rules 
and  regulations  to  prevent  the  introduction  and  spread  of  con- 
tagious diseases.  To  aid  in  effecting  this  result,  physicians  are 
required  to  report  to  the  secretary  of  the  school  board  the 
names  and  residences  of  all  persons  coming  under  their  profes- 
sional care,  afflicted  with  a  contagious  or  infectious  disease 
within  twenty-four  hours  after  the  development  of  any  such 
disease.  In  case  of  the  prevalence  of  any  contagious  or  infec- 
tious disease,  the  board  or  its  sanitary  agent  may  enter  upon 
any  suspected  premises  for  the  purpose  of  abating  any  nuisance 
found  thereon  detrimental  to  the  public  health. 

A  sanitary  agent  may  be  appointed  to  assist  the  board  in  its 
duties,  in  case  of  approval  of  the  court  of  common  pleas  of  the 
county  in  which  the  township  is  located,  upon  an  application 

7  Act  April  28,  1899,  P.  L.  92,  4  P.  &  L.  Dig.  1487.  For  the  earlier 
legislation  upon  this  subject,  see  the  Act  of  June  18,  1897,  P.  L.  172,  3  P.  & 
L.  Dig.  60s. 


OTHER   OFFICERS.  12/ 

setting  forth  the  reasons  which  make  the  appointment  neces- 
sary, and  the  compensation  which  it  deems  proper  to  pay  for 
such  services  in  such  case.  In  a  proper  case  the  court  may  au- 
thorize the  appointment  for  such  term  as  it  may  fix,  and  for 
such  compensation  as  it  may  deem  proper,  which  shall  be  paid 
out  of  the  school  fund  of  the  township.* 

In  making  the  appointment  of  agent  the  court  will  ordinarily 
follow  the  suggestion  of  the  board  as  to  the  person  to  be 
chosen.^ 

Constables. 

126.  The  qualified  voters  of  every  township  are  directed 
to  elect  a  properly  qualified  person  for  constable  triennially  on 
the  third  Tuesday  of  February,  which  officer  shall  serve  for 
three  years. ^*^  Because  of  confusion  in  the  date  of  the  com- 
mencement of  terms  of  office  under  the  Act  of  1889,  supple- 
mentary legislation  was  passed  fixing  the  date  of  election  as 
the  third  Tuesday  of  February,  1896,  and  every  third 
year  thereafter  so  that  the  elections  throughout  the 
State  should  be  uniform.^^  This  legislation  diminished  the 
terms  of  certain  officers,  but  was  nevertheless  constitutional, 
since  the  Legislature  has  that  power.  ^^ 

The  election  is  valid,  though  the  office  is  not  mentioned  in 
the  election  proclamation,  if  the  public  at  large  has  notice,  and 
a  fair  vote  is  polled. ^^  If  the  person  chosen  has  acted  as  judge 
at  his  election,  he  is  disqualified  and  may  be  ousted  upon  quo 
warranto}^     If  the  officer  be  elected  for  three  years,  he  can- 

8  Act  April  II,  1899,  P-  L-  38,  4  P-  &  L.  Dig.  857- 

9  West  Wheatfield  Twp.'s  Agent,  24  Pa.  C.  C.  182. 

10  Act  February  14,  1889,  P.  L.  6,  Sec.  i,  i  P.  &  L.  Dig.  867. 

11  Act  June  26,  1895,  P.  L.  375,  Sec.  i,  3  P.  &  L.  Dig.  169. 

12  Com.  vs.  Benfield,  5  D.  R.  382 ;  Allegheny  Co.  Constables,  17  Pa.  C.  C. 
622;  Keller's  Petition,  9  York  165. 

13  Bongard's  Petition,  16  Phila.  491. 

14  Schaffer's  Election,  27  Pa.  C.  C.  443- 


128  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

not  qualify  himself  under  the  second  election  by  resigning 
under  the  first. ^^ 

The  newly  elected  constable  is  to  be  notified  by  the  acting 
constable  in  writing  within  six  days.  A  failure  so  to  do  sub- 
jects the  officer  to  a  penalty  of  sixteen  dollars,  and  a  penalty  of 
forty  dollars  to  be  forfeited  to  the  township  is  imposed  upon 
the  new  constable  if  he  shall  refuse  or  neglect  to  appear  on  the 
first  day  of  the  next  court  of  quarter  sessions  to  decline  or  ac- 
cept the  said  office.^ ^ 

It  has  been  questioned  whether  the  date  of  commencement  of 
office  has  been  changed  by  the  Act  of  March  lo,  1875,^'^  and 
the  Act  of  June  4,  1879,^^  which  provide  for  the  terms  of 
township  officers.  It  has  been  held  that  this  legislation  did  not 
have  such  effect.  ^^ 

Qualifications. 

127.  Upon  the  appearance  of  the  constable  at  the  court  of 
quarter  sessions  he  shall  give  bond  with  at  least  one  sufficient 
surety  to  be  approved  by  the  court  in  a  sum  not  less  than 
$500.00  nor  more  than  $3000.00  unless  he  shall  possess  a  free- 
hold estate  in  his  own  right  clear  of  all  encumbrances  of  the 
value  of  at  least  $1000.00.^"  A  presentation  of  the  bond  be- 
fore the  time  mentioned  is  premature,  and  the  same  will  not  be 
approved.^^  He  is  not  required,  as  are  strict  township  officers, 
by  the  Act  of  1834  to  file  a  copy  of  his  official  oath  with  the 
town  clerk.^^ 

In  case  he  refuses  to  accept  his  office  or  perform  his  duties, 

15  Burrell  Twp.  Constable,  11  Pa.  C.  C.  436. 

16  Act  Mar.  i,  1799;  3  Smith's  Laws  354,  Sec.  6;  Act  April  15,  1834,  P.  L. 
557,  Sec.  107,  I  P.  &  L.  Dig.  868. 

17  Act  March  10,  1875,  P.  L.  6,  2  P.  &  L.  Dig.  4694. 

18  Act  June  4,  1879,  P.  L.  94,  2  P.  &  L.  Dig.  4695. 

19  In  re  Commencement  of  Term  of  Constables,  11  D.  R.  422;  In  re  Ap- 
proval of  Constable's  Bond,  5  D.  R.  185. 

20  Act  April  15,  1834,  P.  L.  537,  Sees.  108,  112,  i  P.  &  L.  Dig.  869. 

21  In  re  Approval  of  Constable's  Bond,  5  D.  R.  185 ;  43  P-  L-  J-  338. 

22  Brunott  vs.  McKee,  6  W.  &  S.  513. 


OTHER   OFFICERS.  1 29 

when  he  possesses  a  freehold  estate  of  the  value  of  $1000.00, 
or  shall  fail  to  procure  a  deputy  to  undertake  those  duties,  he 
shall  be  fined  by  the  court  in  the  sum  of  forty  dollars  for  the 
use  of  the  proper  township,  unless  he  has  served  as  constable  or 
deputy  within  1 5  years  or  has  paid  the  penalty  for  refusal  to  do 
so.^^ 

The  mere  fact  that  a  charge  of  immorality  has  been  made 
against  the  officer  will  not  prevent  his  acting.^^ 

Filling  of  Vacancies. 

128.  The  Act  of  April  15,  1834,  directed  the  court  of  quar- 
ter sessions  to  appoint  a  duly  qualified  person  in  case  of  a  va- 
cancy in  the  office  of  constable  until  the  next  annual  election.^^ 
The  Act  of  February  14,  1889,^^  with  its  supplement  of  June 
26,  1895,^''^  provided  a  uniform  time  for  the  election  of  con- 
stables, but  fixed  no  method  for  filling  vacancies.  Confusion 
therefore  arose  under  this  act  as  to  whether  the  appointment 
should  be  until  the  next  annual  election  or  for  the  balance  of  the 
unexpired  term.  The  former  has  been  held  in  the  following 
cases :  ^^      The   contrary   has   been   held   by   other   courts.^^ 

By  the  Act  of  March  11,  1903,^*^  the  court  of  quarter  ses- 
sions was  directed  to  fill  any  vacancy  occurring  for  the  unex- 
pired term. 

In  case  of  a  vacancy  arising  by  reason  of  a  tie  vote,  the  ap- 
pointment is  to  be  made  by  the  governor,  and  not  by  new  elec- 

23  Act  April  15,  1834,  p.  L.  537,  Sees,  iio-iii,  i  P.  &  L.  Dig.  869. 

24  Ex  parte  Miller,  i  Browne  349. 

25  Act  April  15,  1834,  P.  L.  537,  Sec.  109,  i  P.  &  L.  Dig.  869. 

26  Act  Feb.  14,  1889,  P.  L.  6,  i  P.  &  L.  Dig.  867. 

27  Act  June  26,  1895,  P.  L.  375,  3  P.  &  L.  Dig.  169. 

28  Dauphin  Borough  Constable,  4  D.  R.  35 ;  Rudy's  Case,  9  Pa.  C.  C. 
467;  Green  Township  Constable,  i  D.  R.  711;  Carr's  Case,  i  D.  R.  262; 
In  re  Davis,  7  Kulp  355,  3  D.  R.  677. 

29  Tyson's  Bond,  2  D.  R.  633 ;  Sadsbury's  Constable,  3  D.  R.  589 ;  Beaver 
Falls  Nomination,  3  D.  R.  677;  Orren  English's  Case,  16  Pa.  C.  C.  129; 
Murphy's  Case,  19  Pa.  C.  C.  160. 

30  Act  March  11,  1903,  P.  L.  22. 


130  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

tion  as  was  provided  by  the  Act  of  July  14,  1840,  since  that 
legislation  has  been  repealed  by  article  8,  section  3  of  the  Con- 
stitution and  the  Act  of  March  22,  1877.^^ 

Duties. 

129.  It  is  not  our  purpose  to  enter  into  a  consideration  of 
powers  and  duties  of  constables,  since  these  officers  are  not 
peculiar  to  townships.  This  matter  is  fully  treated  in  Dill's 
Constables'  Guide. 

Justices  of  the  Peace. 

130.  The  nth  section  of  article  5  of  the  Constitution  enacts 
that  "except  as  otherwise  provided  in  this  Constitution,  jus- 
tices of  the  peace  or  aldermen  shall  be  elected  in  the  several 
wards,  districts,  boroughs  and  townships,  at  the  time  of  the 
election  of  constables,  by  the  qualified  electors  thereof,  in  such 
manner  as  shall  be  directed  by  law,  and  shall  be  commissioned 
by  the  Governor  for  a  term  of  five  years.  No  township,  ward, 
district  or  borough  shall  elect  more  than  two  justices  of  the 
peace,  or  aldermen,  without  the  consent  of  a  majority  of  the 
qualified  electors  within  such  township,  ward  or  borough;  no 
person  shall  be  elected  to  such  office  unless  he  shall  have  re- 
sided within  the  township,  borough,  ward  or  district  for  one 
year  next  preceding  his  election.^^ 

For  election  purposes  under  the  Act  of  June  10,  1893,  as 
amended  by  the  Act  of  July  9,  1897,  justices  of  the  peace  are 
township  officers. ^^  But  they  have  been  held  State  officers 
within  the  meaning  of  the  Act  of  June  29,  1881,^^  relating  to 
frauds  at  primary  elections. ^^ 

31  Keller  vs.  Hofifman,  17  Lane.  L.  Rev.  238. 

32  Const.  1874,  Sec.  11,  Art.  5,  i  P.  &  L.  Dig.  71. 

2Z  Reed's  Nomination,  10  D.  R.  210;  24  Pa.  C.  C.  636;  Ringler's  Nomina- 
tion, 8  D.  R.  620 — the  contrary  was  held  in  Donahoe  vs.  Johnson,  8  D.  R. 
316;  22  Pa.  C.  C.  191. 

34  Act  June  29,  1881,  P.  L.  128,  i  P.  &  L.  Dig.  1183. 

35  Com.  vs.  Snyder,  17  Pa.  C.  C.  321 ;  5  D.  R.  121. 


OTHER    OFFICERS.  1 31 

Election. 

131.  The  number  of  justices  to  be  chosen  in  each  township 
was  fixed  at  two  by  the  Act  of  June  21,  1839.^'^  But  this  num- 
ber may  be  increased  by  popular  vote  ^'^  by  not  more  than  two. 
But  if  more  than  that  number  be  chosen,  the  increase  will  be 
valid  to  the  statutory  limit.^^  When  a  new  township  is  erected, 
a  special  election  for  justices  shall  be  held,^^  of  which  notice 
shall  be  given.^*^  The  said  election  shall  be  conducted  by  the 
regular  election  officers.*^ 

The  person  chosen  must  have  been  a  resident  of  the  township 
for  one  year  next  preceding  his  election.'*^  No  one  is  entitled 
to  vote  at  the  election  unless  he  reside  in  the  district."*^  But  the 
right  of  a  justice  to  hold  his  office  cannot  be  inquired  into  col- 
laterally.^^ 

Returns  of  the  election  are  to  be  made  to  the  prothonotary  of 
the  proper  county  who  shall  send  a  certified  copy  to  the  secre- 
tary of  the  Commonwealth.^^  The  Act  of  February  13,  1874,^'^ 
amending  the  Act  of  January  30,  1874,**^  made  provision  for 
return  of  all  township  elections  to  the  court  of  quarter  sessions. 
In  Timlin's  Case  ^^  it  was  held  that  the  Acts  of  1839  and  1874 
were  cumulative,  and  return  should  be  made  to  both  places. 
But  this  decision  was  prior  to  the  Act  of  June  10,  1893,  which 
provided  for  but  one  ballot. ^^ 

36  Act  June  21,  1839,  P.  L.  376,  Sec.  i,  i  P.  &  L.  Dig.  2531. 

37  Act  June  21,  1839,  P.  L.  376,  Sec.  4,  i  P.  &  L.  Dig.  2537. 

38  Justices  of  the  Peace  of  South  Bethlehem  Boro.,  11  D.  R.  734. 

39  Act  July  II,  1842,  P.  L.  321,  Sec.  44,  i  P.  &  L.  Dig.  2532. 

40  Act  April  5,  1849,  P.  L.  555,  i  P.  &  L.  Dig.  2532. 

41  Act  June  21,  1839,  P.  L.  376,  Sees.  8,  9,  i  P.  &  L.  Dig.  2533. 

42  Constitution  of  1874,  Art.  5,  Sec.  11,  i  P.  &  L.  Dig.  71. 

43  Pittston  Borough  Election,  3  Luzerne  L.  Reg.  3. 

44  Humer  vs.  Cumberland  County,  22  Pa.  C.  C.  541 ;  s.  c.  8  D.  R.  528 ; 
McKim  vs.  Somers,  i  P.  &  W.  297. 

45  Act  June  21,  1839,  P.  L.  376,  Sec.  2,  i  P.  &  L.  Dig.  2533. 

47  Act  Feb.  13,  1874,  P.  L.  44,  Sec.  2,  i  P.  &  L.  Dig.  1797. 

48  Act  January  30,  1874,  P.  L.  38,  i  P.  &  L.  Dig.  1797. 

49  Timlin's  Case,  4  Pa.  C.  C.  535. 

50  Act  June  10,  1893,  P.  L.  419 ;  Sharon  Hill  Elec.  Case,  3  Lack.  Jur.  396. 


132  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

Term. 

132.  The  term  of  office  of  the  justice  expires  on  the  first 
Monday  of  May.^^  It  is  made  the  duty  of  the  constable  of  the 
township  to  give  notice  of  the  expiration  of  the  term  of  the 
justice  by  at  least  twenty  days'  advertisement  preceding  the 
election  to  be  held  on  the  third  Tuesday  of  February  of  each 
year,  as  well  as  to  give  similar  notice  of  any  vacancy  that  may 
happen  by  death,  resignation  or  otherwise.^^  But  an  election 
held  at  the  proper  time  and  place  cannot  be  contested  on  the 
ground  that  notice  to  hold  it  was  not  given  by  the  proper  offi- 
cers.^^ 

Acceptance  of  Oflace. 

133.  The  justice  elected  is  required  to  file  an  acceptance  of 
his  office  with  the  prothonotary  of  the  county,  stating  the  name 
of  the  justice  whom  he  succeeds  with  the  cause  of  vacancy. 
The  prothonotary  shall  thereupon  certify  the  said  acceptance  to 
the  secretary  of  the  Commonwealth.^*  Until  this  acceptance  is 
received  no  commission  shall  issue,  and  it  is  directed  that  the 
same  shall  be  filed  within  30  days.^^  This  statutory  direction 
as  to  time  is  not  repealed  by  the  Act  of  March  22,  1877.^^  But 
it  has  been  held  to  be  merely  directory.^'^  When  the  commis- 
sion is  returned  it  shall  be  recorded. ^^ 

Eilling  of  Vacancies. 

134.  In  case  of  vacancies  arising  from  death,  resignation, 
failure  to  accept  within  60  days  or  otherwise,  such  vacancy 
shall  be  filled  by  appointment  by  the  Governor  until  the  first 

51  Act  March  22,  1877,  P.  L.  12,  Sec.  i,  i  P.  &  L.  Dig.  2533. 

52  Act  March  22,  1877,  P.  L.  12,  Sec.  2,  i  P.  &  L.  Dig.  2533. 

53  Battis  vs.  Price,  2  Pearson  456. 

54  Act  March  22,  1877,  P.  L.  12,  Sec.  4,  i  P.  &  L.  Dig.  2534. 

55  Act  April  13,  1859,  P.  L.  592,  Sec.  i,  i  P.  &  L.  Dig.  2540. 

56  Act  March  22,  1877,  P-  L-  12 ;  Timlin's  Case,  4  Pa.  C.  C.  535— Justices 
of  the  Peace,  4  Pa.  C.  C.  539. 

57  Com.  vs.  Reno,  25  Pa.  C.  C.  442. 

58  Act  April  II,  1840,  P.  L.  240,  Sec.  5,  i  P.  &  L.  Dig.  2540. 


OTHER   OFFICERS.  133 

Monday  of  May  succeeding  the  next  ward,  district,  borough 
or  township  election. ^^  Insanity  of  a  justice  of  the  peace  does 
not  create  a  vacancy  within  the  meaning  of  this  act.*''^  At  the 
next  annual  election  a  justice  shall  be  elected  by  popular  vote.^^ 
In  case  the  vacancy  occurs  within  20  days  of  any  February 
election  the  new  officer  shall  not  be  elected  until  the  February 
of  the  following  year.^- 

Contested  Elections. 

135.  The  secretary  of  the  Commonwealth  is  not  to  decide 
conflicting  claims  to  determine  whether  a  commission  shall  be 
issued.®^ 

When  there  has  been  a  failure  to  elect  because  of  a  tie  vote 
the  election  shall  be  declared  void  by  the  court,  and  a  new  elec- 
tion ordered  at  a  time  to  be  fixed  by  it  at  a  date  not  less  than 
20  days  after  the  date  of  the  making  of  the  order  of  which  the 
constable  shall  give  notice  as  prescribed  by  law.®'*  The  returns 
of  all  elections  for  justices  are  subject  to  inquiry  by  the  court 
upon  complaint  of  15  or  more  qualified  voters  of  the  town- 
ship, two  of  whom  shall  take  and  subscribe  an  oath  or  affirma- 
tion setting  forth  the  causes  of  complaint.®^ 

By  the  Act  of  May  19,  1874,®'^  the  court  of  quarter  sessions 
is  given  jurisdiction  of  such  proceeding.  Pending  the  decision 
of  the  contested  election  the  justice  in  commission  shall  con- 
tinue to  discharge  the  duties  of  the  office.®''' 


59  Act  March  22,  1877,  P.  L.  12,  Sec.  3,  i  P.  &  L.  Dig.  2534. 

60  Swanck's  Case,  16  Pa.  C.  C.  318;  Huth's  Case,  4  D.  R.  233. 

61  Act  June  21,  1839,  P.  L.  376,  Sec.  7,  i  P.  &  L.  Dig.  2534. 

62  Justice  of  the  Peace  Appointments,  16  Pa.  C.  C.  335,  s.  c.  4  D.  R.  142. 

63  Commission  of  Justice  of  the  Peace,  8  D.  R.  295,  sub  nom.;  Vance's 
Case,  22  Pa.  C.  C.  413 ;  30  P.  L.  J.  N.  S.  46. 

64  Act  June  13,  1840,  P.  L.  689,  Sec.  i,  i  P.  &  L.  Dig.  2535. 
6s  Act  June  21,  1839,  P.  L.  376,  Sec.  3,  i  P.  &  L.  Dig.  2536. 

66  Act  May  19,  1874,  P.  L.  208,  Sec.  16,  i  P.  &  L.  Dig.  894- 

67  Act  April  15,  1845,  P.  L.'465,  Sec.  21,  i  P.  &  L.  Dig.  2537. 


134  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

iBemoval  of  Justices. 

136.  Justices  may  be  removed  during  their  term  of  office  for 
cause  shown.^^  They  are  such  officers  as  cannot  be  removed  ex- 
cept "on  conviction  of  misbehavior  in  office  or  of  an  infamous 
crime."  ^^  A  new  commission  to  another  will  not  be  granted 
until  a  court  determines  whether  the  conviction  was  within 
the  meaning  of  article  3,  section  7  of  the  Constitution. ''^^ 

Bond. 

137.  The  justice  is  required  to  furnish  bond  in  a  sum  not  less 
than  five  hundred  dollars  to  be  fixed  by  the  court  of  common 
pleas,  unless  he  possess  a  freehold  estate  to  that  amount,  which 
bond  shall  be  taken  by  the  prothonotary  in  the  name  of  the 
Commonwealth.'^^  In  case  the  surety  subsequently  has  reason 
to  believe  that  the  justice  is  or  may  become  insolvent,  the  court 
of  common  pleas,  either  at  term  or  at  chambers,  upon  appli- 
cation and  proof  may  require  additional  security. '^^  The  same 
may  be  done  where  the  surety  is  jeopardized  by  reason  of  the 
intemperate  habits  of  the  justice.'^^  A  rule  for  additional  se- 
curity will  be  discharged  where  the  affidavit  was  not  served  as 
required  by  the  rules  of  court,  where  no  depositions  were  taken, 
and  the  respondent  did  not  appear.'^^ 

Duties. 

138.  There  is  nothing  peculiar  to  townships  in  the  duties  to 
be  performed  by  the  justice  of  the  peace,  and  a  consideration 
of  them  will  not  be  undertaken. 

Election  OflScers. 

139.  The  15th  section  of  the  Act  of  January  30,   1874,'^^ 

68  Act  June  21,  1839,  P.  L.  376,  Sec.  13,  i  P.  &  L.  Dig.  2538. 

69  Com.  vs.  Raudenbush,  2  Just.  Law  Rep.  99. 

70  McDonald's  Case,  6  D.  R.  518. 

71  Act  June  21,  1839,  P.  L.  376,  Sec.  6,  i  P.  &  L.  Dig.  2541. 

72  Act  April  21,  1846,  P.  L.  432,  Sec.  5,  i  ?■  &  L.  Dig.  2542 ;  Act  May  8, 
1850,  F.  L.  713,  Sec.  9,  I  P.  &  L.  Dig.  2542. 

73  Act  April  16,  1849,  P.  L.  664,  Sec.  3,  i  P.  &  L.  Dig.  2542. 

74  In  re  Petition  of  Graham,  10  Kulp  106. 

75  Act  January  30,  1874,  P.  L.  31,  i  P.  &  L.  Dig.  1718. 


OTTlJiR    OFFICERS.  1 35 

provides  for  an  annual  election  in  each  election  district  of  one 
person  as  judge  and  two  inspectors,  in  conformity  with  the 
general  laws  of  the  Commonwealth,  and  also  of  one  assessor. 
Each  inspector  shall  appoint  one  clerk. '''^  Of  the  election  of  in- 
spectors, notice  is  to  be  given  for  ten  days  by  six  or  more  writ- 
ten or  printed  advertisements  by  the  constable,''"^  or  in  his  ab- 
sence, or  upon  his  neglect  so  to  do,  then  by  the  supervisors  or 
assessors  for  five  days.  Article  8,  section  14  of  the  Constitution 
gives  each  elector  the  right  to  vote  for  only  one  inspector,  but 
this  will  not  prevent  the  election  of  two  inspectors  of  the  same 
political  party. ''^^ 

Under  the  provision  of  article  8,  section  15  of  the  Consti- 
tution no  person  shall  be  eligible  to  such  office  who  shall  hold 
within  two  months  of  the  election  an  office  under  the  United 
States,  State,  city,  or  county  government.  A  township  officer 
i'i  not  therefore  within  this  prohibition.^^  Or  a  school  direc- 
tor.^^  But  a  postmaster  would  be.^^  In  the  case  of  township 
officers,  the  judge,  the  inspector  or  clerk  may  act,  though  a 
candidate.^^  This  provision  is  not  affected  by  article  8,  section 
15  of  the  Constitution.^^  Nor  is  it  repealed  by  the  Act  of  June 
19,  1891.^*  For  like  reasons  it  should  not  be  affected  by  the 
Act  of  June  10,  1893.^^ 

Special  elections  are  to  be  conducted  by  the  same  officers  and 
in  the  same  manner  as  general  elections. ^^    This  provision  re- 

76  Act  July  2,  1839,  P.  L.  519,  Sec.  15,  i  P.  &  L.  Dig.  1720. 
'J^  Act  July  2,  1839,  P.  L.  519  Sec.  i,  i  P.  &  L.  Dig.  1718. 

78  In  re  Election  Officers,  9  D.  R.  83. 

79  Marks  vs.  Park,  2  Leg.  Rec.  Rep.  ^2,. 

80  Dauphin  Co.  Dist.  Attorney,  11  Phila.  645. 

81  Marks  vs.  Park,  2  Leg.  Rec.  Rep.  62. 

82  Act  June  13,  1840,  P.  L.  683,  Sec.  2,  i  P.  &  L.  Dig.  1759. 

83  Walker's  Contested  Election,  3  Luz.  L.  Reg.  130. 

84  Act  June  19,  1891,  P.  L.  349,  Sec.  10;  In  re  McKenzie's  Election,  2  D. 
R.  S18,  13  Pa.  C.  C  546. 

85  Act  June  10,  1893,  P.  L.  419,  Sec.  10,  i  P.  &  L.  Dig.  1757. 

86  Act  Jan.  30,  1874,  P.  L.  31,  Sec.  23,  i  P.  &  L.  Dig.  1840. 


130  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

pealed  the  Act  of  April  20,  1854,  which  required  the  officers 
of  the  preceding  election  to  conduct  the  special  one.^'^ 

Where  townships  are  divided  in  forming  new  election  dis- 
tricts, each  district  shall  elect  the  officers  mentioned  to  conduct 
the  elections. ^^  The  Act  of  January  30,  1874,^^  provided  that 
for  the  first  election  in  such  case  that  the  court  of  common 
pleas  should  appoint  election  officers.  This  provision  was 
stricken  out  by  the  Act  of  May  18,  1893,^*^  and  it  would  now 
seem  that  the  court  of  quarter  sessions  should  appoint.^*^* 

Vacancies  occurring  in  the  board  before  election,  are  to  be 
filled  by  the  court  of  common  pleas.^^  The  removal  of  the  offi- 
cer creates  such  vacancy.^^  When  a  vacancy  occurs  on  election 
day  in  the  office  of  judge,  the  inspector  who  received  the  high- 
est number  of  votes  shall  appoint.  Where  it  occurs  in  the  office 
of  first  inspector,  then  the  judge  shall  appoint,  and  where  it  oc- 
curs in  the  office  of  second  inspector,  then  the  person  who  re- 
ceived at  the  previous  election  the  second  highest  number  of 
votes  for  judge  shall  act.^^  A  judge  so  appointed  can  act  only 
at  that  election.^^  If  a  tie  vote  for  judge  occurs,  the  inspector 
receiving  the  highest  number  of  votes  shall  appoint.  If  such 
happen  in  the  case  of  inspectors,  the  question  shall  be  decided 
by  lot.95 

87  Porter  Township  Election  Case,  5  Pa.  C.  C.  217. 

88  Act  July  2,  1839,  P.  L.  519,  Sec.  7. 

89  Act  Jan.  30,  1874,  P.  L.  31,  i  P.  &  L.  Dig.  I72in. 

90  Act  May  18,  1893,  P.  L.  loi,  i  P.  &  L.  Dig.  1721. 
90*  See   Section  53,  supra. 

91  Act  May  5,  1897,  P.  L.  38,  3  P.  &  L.  Dig.  273,  amending  the  Act  of 
May  18,  1893,  P.  L.  loi,  Sec.  i,  i  P.  &  L.  Dig.  1721. 

92  McBride's  Petition,  23  Pa.  C.  C.  437,  s.  c.  8  D.  R.  695. 

93  Act  July  2,  1839,  P.  L.  519,  Sec.  16,  i  P.  &  L.  Dig.  1722. 

94  Pittsburg  Election  Case,  30  P.  L.  J.  N.  S.  260,  s.  c.  O'Leary's  Petition, 
9  D.  R.  180. 

95  Act  May  19,  1897,  P.  L.  78,  3  P.  &  L.  Dig.  273. 


CHAPTER  XV. 

CONTRACTS. 

SECTION  SECTION 

140.  Power  to  contract.  144.  Bridges. 

141.  Interests  in  contracts.  145.  Water  troughs. 
142    Contracts  for  road  work.  146.  Bounties. 

143.  Opening  roads. 

Power  to  Contract. 

140.  By  the  Act  of  April  15,  1834/  townships  were  given 
capacity  as  bodies  corporate.  The  power  to  take  and  hold  real 
estate  for  the  benefit  of  the  inhabitants,  as  well  as  personal 
property,  to  make  contracts,  to  sue  and  be  sued,  was  conferred.^ 

In  townships  of  the  first  class  all  corporate  power,  authority 
and  franchise  is  vested  in,  and  is  to  be  exercised  by,  the  board 
of  township  commissioners,  who  shall  enact  ordinances  which 
shall  be  published.^  In  townships  of  the  second  class  this  power 
is  vested  in  the  supervisors.* 

To  bind  the  township,  joint  action  of  the  supervisors,  or 
commissioners,  as  the  case  may  be,  is  requisite  in  passing  upon 
the  propriety  of  entering  into  the  contract  and  this  is  the  sub- 
ject of  deliberation  and  the  exercise  of  judgment.^  Whenever 
the  business  requires  deliberation,  consultation  and  judg- 
ment, all  the  members  of  the  board  should  regularly  convene, 
and  no  act  should  be  done  without  the  consent  of  the  majority, 

1  Act  April  15,  1834,  P.  L.  537,  Sec.  3,  i  P.  &  L.  Dig.  997. 

2  Act  April  IS,  1834,  P.  L.  537,  Sec.  3,  i  P.  &  L.  Dig.  997. 

3  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  4  P.  &  L.  Dig.  916. 

4  Act  April  15,  1834,  P.  L.  537,  Sec.  4,  i  P.  &  L.  Dig.  997. 

5  Cooper  &  Grove  vs.  Lampeter  Twp.,  8  Watts  125. 


138  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

or  of  both,  if  there  are  only  two  members.^  In  such  cases  the 
supervisors  must  be  together,  and  their  action  must  be  taken  in 
their  official  character,  and  should  appear  upon  the  township 
books  kept  by  the  town  clerk.''  The  mere  failure  to  record  their 
action  upon  the  minutes  is  not  fatal  when  the  contract  was  en- 
tered into  after  due  consultation.*  So  the  township  will  be 
bound,  though  the  contract  was  entered  into  separately,  where 
the  supervisors  had  a  public  test  of  the  machine  proposed  to  be 
purchased  and  agreed  that  it  was  of  the  proper  kind  and 
quality.^    And  a  recovery  may  be  had  on  the  order. ^*^ 

Purchases  of  tools  or  machinery  for  the  township  are 
matters  for  consultation.^^  And  the  township  is  not  bound, 
though  the  supervisors  had  severally  given  their  consent. ^^ 
So  one  supervisor  could  not  bind  the  township  to  pay  damages 
for  injuries  to  tools  used  upon  the  roads. ^^ 

Nor  can  one  contract  with  an  attorney  at  a  fixed  salary  per 
year.^'*  Nor  surrender  an  easement  to  drain  water  across  the 
land  of  another.  ^^  Nor  bind  the  township  to  pay  a  bounty  for 
enlistment  in  the  United  States  service. ^^  Nor  can  one  con- 
tract for  the  erection  of  wing  walls  of  a  township  bridge.  ^'^ 
Nor  for  the  building  of  a  new  road  and  the  bridges  necessary 
therefor.^*     Or  for  the  reconstruction  of  a  road,  though  one 

6  Union  Twp.  vs.  Gibboney,  94  Pa.  534. 

7  Penna.  R.  R.  vs.  Mont.  Co.  Pass.  Ry.,  167  Pa.  62,  72. 

8  Climax  Road  Machine  Co.  vs.  Allegheny  Twp.,  10  Pa.  Sup.  437. 

9  Austin  Mfg.  Co.  vs.  Ayr  Twp.,  17  Pa.  Sup.  419. 

10  Austin  Mfg.  Co.  vs.  Ayr  Twp.,  24  Pa.  Sup.  91. 

11  American  Road  Machine  Co.  vs.  Washington  Township,  9  Pa.  Sup. 
105;  Climax  Road  Machine  Co.  vs.  Corydon  Twp.,  5  D.  R.  436;  Climax 
Road  Machine  Co.  vs.  Allegheny  Twp.,  10  Pa.  Sup.  437;  Scraper  Co.  vs. 
Supervisors  of  Pine  Twp.,  4  D.  R.  501 ;  Austin  Mfg.  Co.  vs.  Ayr  Township, 
17  Pa.  Sup.  419. 

12  American  Road  Machine  Co.  vs.  Washington  Twp.,  9  Pa.  Sup.  105. 

13  Somerset  Twp.  vs.  Parson,  J05  Pa.  360. 

14  Bohan  vs.  Pittston  Twp.,  4  Kulp  234. 

15  Eshleman  vs.  Martic  Twp.,  152  Pa.  68. 

16  Bearce  vs.  Fairview  Twp.,  9  Pa.  C.  C.  342;  27  W.  N.  C.  21  r. 

17  Cooper  &  Grove  vs.  Lampeter  Twp.,  8  Watts  125. 

18  Childs  vs.  Brown  Twp.,  40  Pa.  332. 


CONTRACTS.  1 39 

supervisor  told  the  other  to  go  ahead. ^^  Nor  can  one  incur  in- 
debtedness for  such  purpose,  though  the  township  had  been 
divided  into  districts  for  convenience.^*^  The  two  acting  jointly 
could  have  done  so  to  repair  roads  or  bridges  in  case  of  sud- 
den emergency.^ ^  This  rule  as  to  joint  deliberation  and  con- 
sultation does  not  apply  where  the  work  is  to  be  done  by  two 
municipalities.  In  such  case  one  may  build  and  collect  the  pro- 
portionate share  or  cost  from  the  other  which  has  failed  to  act 
after  notice. ^^ 

One  supervisor  may  bind  the  township  in  merely  ministerial 
matters  such  as  the  ordinary  repair  of  the  roads,  and  the  keep- 
ing of  them  in  order.^^ 

So  one  supervisor  may  contract  for  stone  for  use  upon  the 
road  in  his  district,^'*  Or  may  employ  labor  to  aid  in  repair- 
ing.^^ And  may  give  the  laborer  a  valid  due  bill  for  his  com- 
pensation.^^ Or  a  certificate  showing  the  payment  of  road 
taxes  on  unseated  land,  by  which  the  township  will  be  bound.^'^ 
But  such  repairs  as  can  be  authorized  by  one  are  only  ordinary 
road  repairs,  and  an  affidavit  of  defense  that  sets  forth  that  they 
are  not  such,  and  that  the  contract  was  made  by  but  one  super- 
visor is  sufficient.^^  In  all  cases  it  must  appear  that  the  work 
was  done  or  materials  furnished  upon  request.^^  It  has  been 
held  that  one  supervisor  may  bind  the  township  for  the  ex- 


19  Logan  vs.  Rochester  Twp.,  21  Pa.  Sup.  113. 

20  Union  Twp.  vs.  Gibboney,  94  Pa.  534. 

21  Maneval  vs.  Jackson  Twp.,  141  Pa.  426. 

22  Pottsville  Bor.  vs.  Norwegian  Township,  14  Pa.  543. 

22  Union  Twp.  vs.  Gibboney,  94  Pa.  534;  McNeal  vs.  Allegheny  Twp.,  i 
Am.  L.  Reg.  124;  Harshman  vs.  Dunbar  Twp.,  11  Pa.  Sup.  638. 

24  Sheppard  vs.  Township,  4  Del.  385. 

25  Dull  vs.  Ridgway,  9  Pa.  272;  Harshman  vs.  Dunbar  Twp.,  11  Pa.  Sup. 
638. 

26  Dull  vs.  Ridgway,  9  Pa.  272. 

27  Com.  ex  rel.  Rawle  vs.  Colley  Twp.,  29  Pa.  121. 

28  Little  vs.  Lower  Merion  Twp.,  7  Montg.  205. 

29  Marys  vs.  East  Vincent  Twp.,  7  Pa.  L.  J.  7,:2y. 


I40  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

pense  of  opening  a  road  in  his  district,  which  has  been  ordered 
by  the  quarter  sessions. ^"^ 

Subject  to  the  principles  stated  the  supervisors  may  con- 
tract as  to  those  matters  within  the  scope  of  their  functions, 
even  though  not  quahfied  by  taking  an  oath  or  fihng  a  bond 
within  the  first  month  after  their  election,  since  the  Act  of 
Assembly  gives  them  thirty  days  within  which  to  so  qualify, 
and  in  the  meantime  they  are  at  least  officers  de  facto.^^  When 
the  contract  is  entered  into  it  is  presumed  to  have  been  regu- 
larly done,  and  the  contractor  is  not  bound  to  determine 
whether  all  the  necessary  precedent  facts  were  present.  Thus 
he  could  recover  from  the  township  for  the  repair  of  roads, 
though  it  did  not  appear  that  the  requisite  notice  had  been  given 
to  the  original  contractor  to  do  so,  as  required  by  a  local  act, 
and  that  there  had  been  a  refusal  on  his  part  to  perform  his 
duty  for  six  days.^^  Nor  is  he  bound  to  inquire  whether  the 
taxpayers  had  been  given  their  statutory  privilege  to  work  out 
their  road  taxes  where  the  plaintiff  was  employed  to  open  a 
new  road,^^  or  to  rebuild  a  township  bridge  for  a  specific 
sum.^* 

Interest  in  Contracts. 

141.  By  the  66th  section  of  the  Act  of  March  31,  1860,^^ 
members  of  corporations  or  public  institutions  are  forbidden  to 
contract  for  the  sale  or  furnishing  of  any  supplies  or  materials 
to  such  corporation  or  institution,  or  to  be  interested 
therein  directly  or  indirectly.  Such  conduct  subjects  the 
offender  to  forfeiture  of  his  office  as  well  as  to  indictment  for 

30  Hopewell  Twp.  vs.  Putt,  2  W.  N.  C.  46 ;  it  was  said  in  Union  Twp.  vs. 
Gibboney,  94  Pa.  534,  that  this  decision  "went  to  the  verge  of  the  power  of 
a  single  supervisor,  if  not  beyond."  The  contrary  had  been  previously  held 
in  Batten  vs.  Brandywine  Twp.,  3  Clark  462. 

31  Gregg  Twp.  vs.  Jamison,  55  Pa.  468. 

32  Harshman  vs.  Dunbar  Twp.,  11  Pa.  Sup.  638. 
SS  Childs  vs.  Brown  Twp.,  40  Pa.  332. 

34  Oakland  Twp.  vs.  Martin,  104  Pa.  303. 

35  Act  March  31,  i860,  P.  L.  382,  i  P.  &  L.  Dig.  1309. 


CONTRACTS.  I4I 

the  misdemeanor  which  it  constitutes.  The  contract  being 
prohibited  by  law  is  absolutely  void  and  cannot  be  renewed  by 
the  ratification  of  subsequent  officers. ^^  No  reference  is  made 
to  an  interest  in  the  sale  of  real  estate,  and  such  action  does  not 
come  within  the  terms  of  the  statute.  At  most,  such  a  contract 
would  be  voidable,  and  is  capable  therefore  of  ratification.^''' 

It  seems  that  the  township  officers  come  within  the  intent  of 
the  act,  though  not  expressly  mentioned  therein.^^  In  Funk  vs. 
Washington  Township  ^^  the  contrary  was  held,  though  the 
contract  was  declared  void  on  the  ground  of  public  policy, 
and  in  Anderson's  Appeal  '^^  a  like  determination  was  made, 
but  the  claim  was  sustained  as  not  involving  any  contract. 

By  the  weight  of  authority,  therefore,  a  supervisor  can- 
not charge  the  township  for  compensation  for  use  of  his  own 
horse  and  wagon,  though  employed  in  its  service.^^  This  rule 
would  be  relaxed  where  the  employment  was  in  case  of  sudden 
emergency,  it  being  impossible  to  secure  other  accommoda- 
tion.^^ Likewise  no^  recovery  can  be  had  for  the  wages  of 
minor  sons  of  the  supervisors,  which  are  payable  to  the  lat- 
ter,^^  though  the  contrary  had  been  held,  where  the  wages  are 
payable  directly  to  the  minors. '^^ 

Contracts  for  Koad  Work. 

142.  In  townships  of  the  first  class  the  board  of  commis- 
sioners is  authorized  to  appoint  one  or  more  supervisors  or  en- 
gineers of  highways,  as  well  as  a  sufficient  number  of  work- 

36  Milford  Borough  vs.  Milford  Water  Co.,  124  Pa.  610. 

37  Trainer  vs.  Wolfe,  140  Pa.  279. 

38  Harrison  Township's  Ap.,  20  Pa.  C.  C.  54;  28  P.  L.  J.  N.  S.  196; 
Coxe's  Case,  11  Pa.  C.  C.  639,  6  Kulp  379;  In  re  Hazle  Twp.,  6  Kulp  491. 

39  Funk  vs.  Washington  Twp.,  13  Pa.  C.  C.  385,  (Stewart,  J.) 

40  Anderson's  Appeal,  9  Pa.  C.  C.  567,  (Futhey,  J.) 

41  Harrison  Twp.'s  Ap.,  supra;  Cox's  Case,  supra;  In  re  Hazle  Town- 
ship, supra;  Funk  vs.  Washington  Twp.,  supra;  contra,  Anderson's  Ap- 
peal, supra. 

42  Harrison  Township's  Ap.,  supra. 

43  Coxe's  Case,  supra;  In  re  Hazle  Twp.,  supra. 

44  Funk  vs.  Washington  Twp.,  supra. 


142  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

men,  mechanics  and  laboreis  for  the  proper  care  of  the  public 
roads.^^  Generally  the  right  to  employ  labor  for  ordinary  re- 
pairs may  be  exercised  by  one  supervisor,^®  though  joint  action 
is  required  where  such  are  unusual.'*'^  So  materials  for  ordi- 
nary repairs  may  be  contracted  for  by  one,"*^  but  otherwise 
consultation  and  deliberation  by  all  is  requisite.^^  In  every 
case  it  must  appear  that  the  materials  were  furnished  upon  the 
request  of  the  proper  officers.^*' 

The  boards  of  township  commissioners  in  those  of  the  first 
class  are  authorized  to  purchase  all  necessary  tools,  implements, 
machinery  and  materials,  which  they  deem  necessary  for  use 
upon  the  roads. ^^  This  power  is  given  by  Act  of  Assembly  to 
all  townships,^^  The  same  legislation  provided  a  means  of 
payment  therefor  by  authorizing  the  annual  collection  in  cash 
of  a  sum  not  exceeding  twenty  five  per  centum  of  the  rates  or 
assessments  by  them  respectively  laid  in  each  year  for  road 
purposes. ^^  The  entering  into  such  a  contract  is  a  matter  of 
deliberation  for  all  the  supervisors.^^  A  separate  agreement  of 
the  members  to  purchase  is  not  therefore  sufficient  to  bind  the 
township,  though  all  of  the  board  subsequently  met  and  signed 
the  warrants. ^^  But  the  contract  was  held  binding  when  the 
original  order  was  separately  made,  but  a  subsequent  public 
test  was  held  at  which  the  machine  was  jointly  accepted  by  the 

45  Act  April  28,  1899,  P.  L.  104,  Sec.  10,  4  P.  &  L.  Dig.  922. 

46  Dull  vs.  Ridgway,  9  Pa.  272;  Harshman  vs.  Dunbar  Twp.,  11  Pa.  Sup. 
638 ;  Somerset  Twp.  vs.  Parson,  105  Pa.  360. 

47  Union  Twp.  vs.  Gibboney,  94  Pa.  534. 

48  Sheppard  vs.  Township,  4  Del.  Co.  385. 

49  Little  vs.  Lower  Merion  Twp.,  7  Montg.  205. 

50  Marys  vs.  East  Vincent  Twp.,  7  Pa.  L.  J.  337. 

51  Act  April  28,  1899,  P.  L.  104,  Sec.  10,  4  P.  &  L.  Dig.  922. 

52  Act  May  24,  1887,  P.  L.  202,  Sec.  i,  2  P.  &  L.  Dig.  4230. 

53  Act  May  24,  1887,  P.  L.  202,  Sec.  2,  2  P.  &  L.  Dig.  4230. 

54  Somerset  Twp.  vs.  Parson,  105  Pa.  360;  Climax  Road  Machine  Co. 
vs.  Corydon  Twp.,  5  D.  R.  436;  American  Road  Machine  Co.  vs.  Washing- 
ton Twp.,  9  Pa.  Sup.  105. 

55  American  Road  Machine  Co.  vs.  Washington  Twp.,  9  Pa.  Sup.  105. 


CONTRACTS.  143 

supervisors.^^  The  necessity  for  the  purchase  is  a  matter  of 
judgment  for  the  supervisors  and  in  an  action  against  the 
township,  it  cannot  be  shown  that  the  machine  was  not 
needed. ^^  The  purchase  may  be  on  credit.^^  The  means  of 
payment  have  been  provided  by  the  Act  of  1887  and  a  writ  of 
mandamus  will  therefore  be  issued  against  the  supervisors  to 
compel  compliance  with  its  provisions.^^ 

Opening  Koads. 

143.  The  supervisors  may  contract  for  the  opening  of  a  new 
road,  but  they  cannot  let  out  by  contract  all  of  the  roads  since 
the  taxpayers  have  the  privilege  to  work  out  their  road  taxes 
if  they  see  fit.®®  It  hais  been  held  that  such  may  be  done  by  one 
supervisor  having  control  of  a  portion  of  the  township  in 
which  the  road  is  located.®^  The  entire  reconstruction  of  a 
road  is  a  matter  for  deliberation,  and  the  mere  fact  that  the 
one  supervisor  told  the  other  to  go  ahead  is  not  sufficient  to 
bind  the  township.  ^^ 

Bridges. 

144.  Under  the  Act  of  June  13,  1836,®^  supervisors  of  a 
township  have  power  to  contract  for  the  rebuilding  of  a  town- 
ship bridge  for  a  specific  sum,  and  bind  the  township  therefor. 
In  such  case  the  contractor  is  not  bound  to  inquire  whether  the 
supervisors   have   accorded   the   taxpayers   the   privilege   of 

56  Austin  Mfg.  Co.  vs.  Ayr  Twp.,  17  Pa.  Sup.  419;  Austin  Mfg.  Co.  vs. 
Ayr  Twp.,  24  Pa.  Sup.  91. 

57  Climax  Road  Machine  Co.  vs.  Allegheny  Twp.,  10  Pa.  Sup.  437. 

58  Climax  Road  Machine  Co.  vs.  Corydon  Twp.,  5  D.  R.  436. 

59  Scraper  Co.  vs.  Supervisors  of  Pine  Twp.,  4  D.  R.  501. 

60  Childs  vs.  Brown  Twp.,  40  Pa.  332 ;  see  for  Schuylkill  County,  Cooney 
vs.  Norwegian  Twp.,  2  Leg.  Chron.  315. 

61  Hopewell  Twp.  vs.  Putt,  2  W.  N.  C.  46;  the  contrary  was  held  in 
Batten  vs.  Brandywine  Twp.,  3  Clark  462.  For  a  discussion  of  this  case,  see 
Union  Twp.  vs.  Gibboney,  94  Pa.  534. 

62  Logan  vs.  Rochester  Twp.,  21  Pa.  Sup.  113. 

63  Act  June  13,  1836,  P.  L.  551,  2  P.  &  L.  Dig.  4150. 


144  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

working  out  their  road  taxes  in  labor.®^  But  such  a  contract 
must  be  entered  into  after  full  deliberation  by  all  of  the  su- 
pervisors.^^ 

Where  the  bridge  is  on  the  division  line  of  townships,  it  is 
to  be  maintained  by  the  townships  jointly.*^^  It  is  not  neces- 
sary in  such  case  that  the  contract  be  let  by  joint  action  of  the 
officers  of  the  two  municipalities.  If  one  builds  after  notice  to 
the  other,  and  refusal  on  its  part  to  join,  a  recovery  may  be  had 
of  one-half  of  the  reasonable  expense  of  erecting  the  proper 
bridge.^^ 


Water  Troughs. 

145.  The  supervisors  are  authorized  to  sanction  the  erection 
of  watering  troughs  in  their  townships,  and  to  pay  annually 
therefor  from  the  road  fund  a  sum  of  money  not  exceeding  five 
dollars,  as  shall  be  agreed  upon  at  the  time  of  the  erection  of 
the  trough.  Only  one  shall  be  erected  and  paid  for  within  five 
miles  on  the  same  road.®^  Compensation  may  also  be  given  to 
the  person  who  provides  a  pump  for  the  trough  where  no  run- 
ning water  can  be  had,^®  In  making  such  contracts  the  su- 
pervisors shall  give  preference  to  the  owners  of  those  troughs 
already  erected. "^"^  If  no  person  enters  into  such  a  contract  the 
supervisors  may,  with  the  consent  of  the  owner  of  the  land, 
upon  which  the  water  can  be  obtained,  erect  and  keep  the  same 
in  repair  at  an  annual  expense  not  exceeding  five  dollars. '^^ 


64'  Oakland  Twp.  vs.  Martin,  104  Pa.  303. 

65  Cooper  &  Grove  vs.  Lampeter  Twp.,  8  Watts  125. 

66  Act  June  13,  1836,  P.  L.  551,  Sec.  34,  2  P.  &  L.  Dig.  4155;  Rapho  & 
West  Hempfield  Twps.  vs.  Moore,  68  Pa.  404. 

67  Pottsville  Bor.  vs.  Norwegian  Twp.,  14  Pa.  543. 

68  Act  June  25,  1885,  P.  L.  168,  Sec.  i,  2  P.  &  L.  Dig.  4230. 

69  Act  April  28,  1876,  P.  L.  51,  Sec.  2,  2  P.  &  L.  Dig.  4231. 

70  Act  April  28,  1876,  P.  L.  51,  Sec.  5,  2  P.  &  L.  Dig.  4232. 

71  Act  April  28,  1876,  P.  L.  51,  Sec.  3,  2  P.  &  L.  Dig.  4231. 


CONTRACTS.  I45 

BoTinties. 

146.  Under  the  bounty  laws  of  1864  and  1866  ^^  townships 
were  authorized  to  enter  into  contracts  for  the  payment  of 
bounties  to  those  who  enHsted  in  the  United  States  service. 
Such  a  contract  is  a  matter  for  dehberation,  and  the  proof 
of  a  vaHd  contract  is  requisite  before  a  recovery  can  be  had."^^ 
It  was  held  that  such  an  undertaking  could  be  lawfully  entered 
into  by  the  board  during  the  thirty  days  allowed  for  the  giving 
of  bond  by  a  supervisor,  though  such  had  not  been  given,  nor 
an  oath  of  office  taken. '^^  So  the  township  was  held  bound, 
where  the  board  had  agreed  to  repay  voluntary  subscriptions  to 
the  bounty  fund.'^^  By  the  Act  of  May  8,  1889,  the  right  to  sue 
for  such  claims  was  revived,  but  the  constitutionality  of  the 
act  was  doubted. '^^  One  of  the  defects  suggested  was  reme- 
died by  the  Act  of  June  8,  1891,'^'^  by  which  the  right  to  sue  on 
such  contracts  was  extended  to  three  years  from  the  date 
of  that  enactment. 

72  Acts  March  25,  1864,  P.  L.  85 ;  Aug.  25,  1864,  P.  L.  986 ;  May  i,  1866, 
P.  L.  114. 

73  Bearce  vs.  Fairview  Twp.,  9  Pa.  C.  C.  342;  27  W.  N.  C.  211. 

74  Gregg  Twp.  vs.  Jamison,  55  Pa.  468. 

75  Juniata  Twp.  vs.  Reamer's  Exr.,  2  W.  N.  C.  91. 

76  Bearce  vs.  Fairview  Twp.,  supra. 

77  Act  June  8,  1891,  P.  L.  214,  Sec.  i,  i  P.  &  L.  Dig.  435. 


CHAPTER  XVL 


POWERS. 


SECTION 


147.  Fire  protection.  152.  Sewerage. 

148.  Police  protection.  153.  Drainage. 

149.  Lock-ups.  154.  Nuisance. 

150.  License  fees.  155.  Eminent  domain. 

151.  Fines  and  penalties. 

Fire  Protection. 

147.  Townships  of  the  first  class  are  authorized  through  the 
board  of  commissioners  to  purchase  and  maintain  engines  for 
the  extinguishment  of  fire,  and  to  make  rules  and  regulations 
for  the  management  of  the  same,  and  to  enter  into  contracts 
with  any  person  or  corporation  to  supply  water  for  fire  pro- 
tection for  a  period  not  exceeding  twenty  years.  But  this  right 
shall  not  be  exclusive  as  against  any  other  water  company,  nor 
as  against  the  right  of  such  municipality  to  erect,  maintain  and 
operate  its  own  water  works.^ 

Police  Protection. 

148.  Townships  of  the  first  class  may  establish  and  main- 
tain a  night  watch  and  police  force  and  define  by  ordinance 
the  duties  of  the  same.^  In  all  townships  the  court  of  quar- 
ter sessions  may  appoint  deputy  constables  to  act  as  police- 
men, with  the  same  powers  as  like  officers  in  cities,  upon  the 
petition  of  not  less  than  twenty-five  taxpayers  of  the  town- 

1  Act  July  9,  1901,  P.  L.  627,  4  P.  &  L.  Dig.  920,  amending  the  Act  of 
April  28,  1899,  P.  L.  104,  Sec.  7,  subd.  5. 

2  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  subd.  5 ;  Act  July  9,  1901,  P.  L. 
627,  4  P.  &  L.  Dig.  920. 

146 


POWERS.  147 

ship,  setting  forth  that  in  their  opinion  the  safety  of  the  citizens 
and  the  protection  of  property  make  such  action  necessary.^ 
Officers  so  appointed  shall  wear  a  shield  or  badge  with  the 
words  "township  police"  inscribed  thereon.'*  They  may  be  dis- 
charged whenever  the  court  appointing  them  shall  be  satisfied 
that  their  services  are  no  longer  required,  and  shall  be  paid  such 
compensation  as  it  may  fix.^  It  has  been  held,  however,  that 
the  county  is  not  liable  for  this  compensation  because  such  re- 
sponsibility is  not  expressly  imposed  by  statute.^  And  for  the 
same  reason  it  has  been  held  that  it  cannot  be  recovered  from 
the  township/  It  would  therefore  seem  that  deputy  constables 
cannot  recover  for  services  rendered  if  they  see  fit  to  accept  the 
appointment. 

Deputy  constables  appointed  under  the  Act  of  1889  have  the 
power  to  arrest  and  confine  all  violators  of  the  law,  and  the 
keepers  of  jails,  lock-ups  or  station  houses  are  required  to  re- 
ceive all  persons  arrested  by  such  policemen  for  the  commis- 
sion of  any  offense  against  the  laws  of  this  Commonwealth 
within  the  township.     They  shall  be  appointed  as  aforesaid.^ 

The  police  in  townships  of  the  first  class  are  empowered  to 
arrest  vagrants,  or  other  persons  who  have  violated  the  crimi- 
nal laws  or  township  ordinances.  They  are  authorized  to  set  to 
work  on  the  roads  of  the  township  or  elsewhere  all  vagrants 
found  therein.® 

Lock-ups. 

149.  The  board  of  commissioners  in  townships  of  the  first 
class  may  by  ordinance  provide  for  the  erection  of  a  lock-up  or 

3  Act  May  9,  1889,  P.  L.  156,  Sec.  i,  i  P.  &  L.  Dig.  871. 

4  Act  May  9,  1889,  P.  L.  156,  Sec.  2,  i  P.  &  L.  Dig.  871. 

5  Act  May  9,  1889,  P.  L.  157,  Sec.  3,  i  P.  &  L.  Dig.  872. 

6  In  re  Appointment  of  Cawley,  5  Kulp  455. 

7  Adams  vs.  Sweden  Township,  9  D.  R.  450.  It  is  also  suggested  in 
this  case  that  liability  could  not  be  imposed  upon  the  township  under  the 
act  because  the  subject  is  not  clearly  expressed  in  its  title. 

8  Act  May  9,  1889,  P.  L.  156,  Sec.  i,  i  P.  &  L.  Dig.  871. 

9  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  subdivision  5 ;  Act  June  10,  1901, 
P.  L.  551,  4  P.  &  L.  Dig.  920. 


148  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

watch  house  for  the  detention  and  confinement  of  vagrants  and 
persons  duly  arrested,  until  they  can  be  taken  before  a  magis- 
trate for  a  hearing  and  committed  to  prison  or  discharged.^^ 
Generally  townships  may  provide  for  the  erection  and  mainte- 
nance of  a  suitable  building  for  lock-up  purposes.  It  was  di- 
rected by  the  Act  of  May  11,  1901,^^  "that  the  supervisors  of 
the  several  townships  of  this  Commonwealth  shall  have 
the  right  to  levy  a  tax  for  the  purpose  of  build- 
ing and  maintaining  a  suitable  place  for  the  pur- 
pose of  incarcerating  criminals,  disorderly,  suspicious 
and  intoxicated  persons,  until  they  can  be  dealt  with 
according  to  law.  Said  building  to  be  under  the  care  of  said 
supervisors;  provided  that  said  supervisors  of  townships  shall 
not  erect  or  maintain  said  buildings  without  obtaining  the  as- 
sent of  the  electors  thereof,  expressed  by  vote  at  an  election  to 
be  held  at  the  place,  time  and  under  the  same  regulations  as  pro- 
vided by  law  for  the  holding  of  municipal  elections,  and  it  shall 
be  the  duty  of  the  judges,  inspectors  and  clerks  of  such  elec- 
tions to  receive  tickets,  either  written  or  printed,  from  elec- 
tors qualified  under  the  Constitution  of  this  State  to  vote  in 
such  district,  labelled  on  the  outside,  'Lock-up  Building,'  and 
on  the  inside  the  words,  written  or  printed  Tor  lock-up  build- 
ing' or  'Against  lock-up  building'  to  be  deposited  in  a  box 
provided  for  that  purpose." 

The  election  shall  be  conducted  as  are  other  municipal  elec- 
tions. Notice  shall  be  given  by  the  constables  of  said  town- 
ships ten  days  prior  to  the  date  of  said  municipal  election  that 
the  qualified  electors  will  vote  "for  or  against  building  a 
lock-up." 

License  Fees. 

150.  Prior  to  the  Act  of  1899  by  which  townships  were  clas- 
sified, no  power  existed  to  enact  ordinances  and  impose  license 

10  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  subd.  5 ;  Act  July  9,  1901,  P.  L. 
627,  4  P.  &  L.  Dig.  920. 

11  Act  May  11,  1901,  P.  L.  169,  4  P.  &  L.  Dig.  912. 


POWERS.  149 

fees.  By  certain  acts  such  fees  were  imposed,  but  not  by  the 
township  authorities.  Thus,  transient  retail  merchants  were 
required  to  take  out  a  license  but  the  amount  thereof  is  fixed 
by  the  county  treasurer  at  a  sum  not  less  than  twenty-five  dol- 
lars, nor  more  than  one  hundred  dollars  per  month,  the  amount 
being  payable  to  the  school  fund.^^  Similarly  the  State  has 
regulated  certain  employments  within  the  township,  and  pro- 
vided for  the  payment  of  a  license  fee  to  the  county  treasurer. 
This  is  so  of  hawkers  and  peddlers,^ ^  of  retail  and  wholesale 
venders  of  goods, ^^  of  owners  or  lessees  of  buildings  used  as 
theatres  or  museums,  and  managers  of  circuses  or  menag- 
eries,^^ of  retail  liquor  dealers,^®  and  of  wholesale  liquor  deal- 
ers.^'' 

Townships  of  the  first  class  are  empowered  generally  to 
adopt  ordinances  regulating  the  affairs  of  the  township,  and 
particularly  to  regulate  and  prohibit  shows,  circuses  and  pub- 
lic entertainments  of  all  sorts. ^^  They  are  authorized  to  levy 
and  collect  license  fees  on  stages,  hacks,  carriages  and  other 
vehicles,  carrying  persons  or  property  for  pay,  and  to  limit  the 
rate  of  fares  to  be  charged  therefor  by  the  Act  of  April  11, 
1903.^^ 

Fines  and  Penalties. 

151.  Only  townships  of  the  first  class  have  power  to  enact 

12  Act  May  10,  1893,  P.  L.  35,  Sec.  i,  2  P.  &  L.  Dig.  2990;  Act  May  2i 
1899,  P.  L.  159,  4  P.  &  L.  Dig.  1202. 

13  Act  June  14,  1901,  P.  L.  563,  4  P.  &  L.  Dig.  1354-6. 

14  Act  May  2,  1899,  P.  L.  184,  4  P.  &  L.  Dig.  1193,  amended  as  to  the  time 
of  bringing  suit  for  the  license  tax  by  the  Act  of  June  14,  1901,  P.  L.  565,  4 
P.  &  L.  Dig.  1 199. 

15  Act  June  24,  1895,  P.  L.  249,  3  P.  &  L.  Dig.  601. 

16  Act  June  9,  1891,  P.  L.  248,  Sec.  i,  i  P.  &  L.  Dig.  2709. 

17  Act  June  9,  1891,  P.  L.  257,  Sec.  i,  and  of  July  30,  1897,  P.  L.  164,  3  P. 
&  L.  Dig.  2,72,- 

18  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  subd.  5,  4  P.  &  L.  Dig.  921. 

19  Act  April  II,  1903,  P.  L.  164. 


150  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

ordinances,  and  to  prescribe  fines  and  penalties  for  their  viola- 
tion.-^   No  penalty  shall  exceed  one  hundred  dollars.^^ 

So,  by  virtue  of  the  Act  of  April  28,  1899,^^*  an  ordinance 
may  be  passed  limiting  the  speed  of  automobiles  within  the 
township,  and  providing  a  penalty  for  its  violation,  notwith- 
standing the  general  legislation  upon  that  subject,  as  found 
in  the  Act  of  April  23,  1903.^^ 

Violators  of  the  laws  or  ordinances  may  be  arrested  by  the 
policemen  or  constables  with  or  without  warrant  upon  view 
and  be  committed  to  await  trial,  having  the  right  to  give  bail 
for  appearance  at  the  hearing.^ ^  When  arrested  on  view  a 
complaint  on  oath  or  affirmation  shall  immediately  be  made.^'* 

If  not  arrested  upon  view  the  proceedings  may  be  instituted 
by  complaint  on  oath  or  affirmation  before  a  justice  of  the 
peace,  specifying  the  ofifence  committed  and  ordinance  violated, 
who  shall  at  his  discretion  issue  a  warrant  to  be  served  by  the 
policeman  or  constable,  returnable  forthwith,  or  a  summons 
may  issue.  Pending  the  hearing,  if  bail  be  not  entered,  the  ac- 
cused may  be  detained  in  the  lock-up,  if  a  suitable  one  exists, 
or  in  lieu  thereof  be  committed  to  the  county  jail.-^ 

The  hearing  shall  be  conducted  by  the  justice  of  the  peace, 
whose  judgment  may  be  reviewed  on  certiorari  or  appeal.  Upon 
default  in  the  payment  of  the  penalty  adjudged  and  the  costs, 
the  defendant  may  be  sentenced  and  committed  to  the  township 
lock-up  for  a  period  not  exceeding  five  days,  or  to  the  county 
jail  for  a  period  not  exceeding  thirty  days.  In  case  the  defen- 
dant has  any  property  from  which  the  judgment  and  costs  can 
be  collected  by  execution,  capias  or  other  process,  the  plaintiff 

20  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  subd.  9,  4  P.  &  L.  Dig.  921. 

21  Act  June  10,  1901,  P.  L.  551,  4  P.  &  L.  Dig.  920. 

21*  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  Pars,  i,  7-8,  4  P.  &  L.  Dig.  921. 

22  Act  April  23,  1903,  P.  L.  268 ;  Radnor  Twp.  vs.  Bell,  29  Pa.  C.  C.  444. 

23  Act  June  10,  1901,  P.  L.  551,  Sec.  i,  4  P.  &  L.  Dig.  920. 

24  Act  June  10,  1901,  P.  L.  551,  Sec.  2,  4  P.  &  L.  Dig.  921. 

25  Act  June  10,  1901,  P.  L.  551,  Sees.  2,  3,  4  P.  &  L.  Dig.  920-1. 


POWERS.  151 

in  the  action  may  elect  to  proceed  to  collect  the  same  by  such 
proceedings.^^ 

Sewerage. 

152.  No  general  provision  for  the  erection  of  sewers  in 
townships  was  made  until  the  classification  act  of  1899,  at  which 
time  those  of  the  first  class  alone  were  empowered  to  construct 
such  systems.  The  general  corporation  act  of  1874  with  its 
supplement  of  June  10,  1893,^^  provided  for  the  incorporation 
of  companies  for  "the  construction  and  maintenance  of  sewers, 
culverts,  conduits  and  pipes,  with  all  necessary  inlets  and  appli- 
ances for  surface  and  under-surface  and  sewage  drainage,  for 
the  health,  comfort  and  convenience  of  inhabitants  and  sani- 
tary improvement  in  cities,  boroughs  and  townships  of  the 
Commonwealth,  and  for  this  purpose  to  enter  upon  and  occupy 
any  public  highway  with  the  consent  of  the  local  authorities." 
Under  this  statutory  authority  numerous  sewerage  systems 
were  built.  By  the  Act  of  April  19,  1901,^^  the  right  of  the 
municipality  through  which  the  system  passes  to  purchase  the 
same  was  given  by  paying  therefor  the  actual  value  at  the  time 
of  taking.  In  case  of  disagreement  as  to  the  amount  to  be  paid 
the  same  is  to  be  determined  in  the  same  manner  as  damages 
are  ascertained  for  private  property  taken,  injured  or  destroyed 
by  reason  of  municipal  improvements  as  directed  by  the  Act  of 
May  16,  1891.29 

Townships  of  the  first  class  may  establish  their  own  system 
of  sewers  and  drainage  and  require  adjoining  and  adjacent 
property  owners  to  connect  with  and  use  the  same.  This  right 
existing  in  the  municipality  may  by  contract  be  transferred  to 
individuals  or  a  corporation  who  will  thereupon  become  entitled 
to  exercise  all  the  powers  of  the  township  in  the  construction, 
maintenance  and  operation  thereof  with  the  right  to  collect  such 

26  Act  June  10,  1901,  P.  L.  551,  Sees.  2,  3,  4  P.  &  L.  Dig.  920-1. 

27  Act  June  10,  1893,  P.  L.  435,  i  P.  &  L.  Dig.  934. 

28  Act  April  19,  1 90 1,  P.  L.  82,  4  P.  Sz:  L.  Dig.  1307. 

29  Act  May  16,  1891,  P.  L.  75,  2  P.  &  L.  Dig.  4215. 


152  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

charges  in  connection  therewith,  as  the  commissioners  may 
prescribe  in  as  fuh  a  manner  as  the  same  might  have  been  col- 
lected by  the  township.  When  such  contract  is  made,  however, 
it  is  the  duty  of  the  commissioners  to  reserve  the  right  to  pur- 
chase the  system  at  any  time,  or  in  a  prescribed  time  for  such 
price  and  on  such  terms  as  shall  be  agreed  upon  in  the  contract. 
In  constructing  such  sewers,  they  shall  be  laid  as  far  as  possible 
on  the  public  roads.  But  where  not  practicable,  they  may  be 
built  on  private  land.  If  the  owners  of  such  land  do  not 
agree  to  the  use  thereof  it  may  nevertheless  be  occupied.  The 
damages  arising  therefrom  are  to  be  assessed  by  three  disinter- 
ested viewers  to  be  appointed  by  the  court  of  common  pleas 
upon  petition  of  the  commissioners  or  of  the  owner  of  the  lands 
taken.  The  viewers  shall  meet  not  less  than  20  nor  more  than 
30  days  after  their  appointment  upon  the  land,  of  which  time 
and  place  ten  days'  notice  shall  be  given  by  the  petitioners  to 
said  viewers  and  the  other  party.  After  the  viewers  are  sworn 
the  land  shall  be  viewed  and  the  damages,  if  any,  assessed, 
either  party  having  the  right  to  appeal  to  the  court  of  common 
pleas.  If  damages  be  awarded  and  the  report  be  confirmed  by 
the  court,  judgment  shall  be  entered  thereon,  and  if  the  amount 
be  not  paid  within  30  days  after  the  entry  of  the  judgment, 
execution  to  enforce  the  collection  may  be  issued,  as  in  other 
cases  of  judgments  against  townships. 

Land  may  also  be  taken  where  needed  for  the  disposition  of 
the  sewage  and  drainage  not  exceeding  in  any  one  place  three 
acres.  If  necessary  to  go  beyond  the  limits  of  the  township  the 
commissioners  are  authorized  to  enter  into  contracts  with  other 
municipalities,  and  other  corporations  or  persons. 

When  a  connection  with  the  sewer  is  made  by  a  property 
owner,  he  shall  pay  the  cost  thereof,  as  well  as  a  monthly  or 
annual  rate  for  the  use  of  the  sewer  as  shall  be  prescribed  by 
ordinance. 

These  charges  until  paid  shall  constitute  a  lien  upon  the 


POWERS.  153 

property   so   connected   with    such   system,    and   the   amount 
thereof  may  be  recovered  by  due  process  of  law.^" 

Drainage. 

153.  The  general  sewerage  system  enacted  for  townships 
of  the  first  class  provides  for  the  disposition  of  waste  water. 
By  the  Act  of  June  13,  1836,^^  supervisors  of  townships  were 
given  the  power  to  enter  upon  lands  and  enclosures  and  to 
cut,  open,  maintain  and  repair  drains  or  ditches  through  the 
same.  By  virtue  of  this  statutory  authority  the  supervisors 
may  change  the  course  of  the  surface  water,  and  the  court  will 
not  interfere  with  their  discretion  where  the  natural  flow  is 
not  increased. ^^  So  they  may  change  the  course  of  a  run- 
ning brook,  and  in  their  discretion  fix  the  manner  of  doing 
it.^^  Or  make  breaks  or  rests  on  the  road  where  the  natural 
drainage  is  not  changed.^'*  But  where  a  pipe  is  laid  by  the 
owner  of  a  lot,  by  which  the  plaintiff's  land  is  injured  on  ac- 
count of  the  backing  up  of  the  water,  the  township  will  not  be 
responsible  where  it  cannot  be  shown  that  it  has  adopted  the 
pipe  as  a  part  of  its  drainage  system,  though  located  on  a  town- 
ship road.^^  But  if  it  adopts  the  drain,  it  is  liable  for  damages 
arising  from  a  failure  to  keep  it  in  repair. ^^  Nor  will  the 
township  be  liable  for  an  honest  mistake  of  judgment  on  the 
part  of  the  supervisors  in  erecting  a  bridge,  whereby  the  flow 
of  water  is  obstructed.^'''  Where  an  easement  has  been  ac- 
quired by  the  township  for  drainage  purposes,  such  cannot  be 
surrendered  by  the  mere  act  of  one  supervisor,  nor  will  mere 


30  Act  May  24,  1901,  P.  L.  294,  4  P.  &  L.  Dig.  919,  amending  the  Act  of 
April  28,  1899,  P.  L.  104,  Sec.  7,  subd.  3. 

31  Act  June  13,  1836,  P.  L.  551,  Sec.  32,  2  P.  &  L.  Dig.  4152. 

32  McCormick  vs.  Kinsey,  10  Pa.  Sup.  607. 

33  Wagner  vs.  Poley,  4  Del.  172. 

34  Warner  vs.  Muncy  Twp.,  18  Pa.  C.  C.  582. 

35  Matlack  vs.  Callanan,  19  Montg.  25. 

36  Hutchinson  vs.  Clay  Township,  14  Pa.  Sup.  546. 

37  Shieb  vs.  Collier  Twp.,  11  Atl.  366. 


154  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

non-user  for  three  years  destroy  it.^'^*  Where  the  land  owner 
has  acquiesced  in  a  method  of  drainage  for  years  he  cannot 
afterwards  arbitrarily  close  the  drain,  and  cast  the  water  upon 
the  public  road  merely  because  of  increased  drainage,  or  be- 
cause other  parties  may  introduce  into  the  drain  that  which 
does  not  properly  belong  there.  He  should  first  have  the  matter 
settled  by  a  suit  at  law  or  equity,  and  not  interfere  with  public 
travel  in  the  first  instance.^^  In  case  a  party  diverts  a  water 
course  by  the  substitution  of  a  pipe,  he  cannot  subsequently 
complain  when  the  grade  of  the  road  is  raised,  and  the  town- 
ship authorities  build  a  new  drain,  and  connect  it  with  the  old 
pipe.^^  A  turnpike  company  whose  road  is  substituted  for  a 
township  road  succeeds  to  the  authority  of  the  township  super- 
visors as  to  the  manner  of  its  maintenance,  including  the 
method  of  drainage.  It  may  therefore  construct  and  maintain 
such  a  gutter  for  this  purpose  as  it  may  determine  on.  The 
owner  of  the  abutting  land  may  construct  a  private  drain,  pro- 
vided it  does  not  interfere  with  the  method  of  drainage  adopted 
by  the  turnpike  company.    If  it  does,  it  may  be  abated.^° 

Provision  has  been  made  in  certain  counties  ^^  for  the  con- 
struction of  drains  to  improve  wet  or  spouty  land.  The  per- 
sons desiring  such  may  apply  to  the  court  of  quarter  sessions 
for  leave  to  erect  such  drains.  Viewers  shall  be  appointed  to 
lay  out  the  same  in  the  way  to  do  least  injury,  and  assess  the 
damages  which  may  be  occasioned  thereby.^^    When  the  report 

27*  Eshleman  vs.  Martic  Twp.,  152  Pa.  68. 

38  Lancaster  Avenue  Improvement  Company  vs.  Humphreys,  12  Montg. 
66. 

39  Isensee  vs.  Shaler  Twp.,  32  P.  L.  J.  N.  S.  389. 

40  Wenger  vs.  Rohrer,  3  Pa.  Sup.  596. 

41  For  Snyder,  Juniata,  Dauphin,  Lycoming,  Bradford,  Union  and  Indi- 
ana Counties;  Act  April  4,  1863,  P.  L.  293;  for  Bucks  County,  Act  April 
18,  1864,  P.  L.  459;  for  York  County,  May  4,  1864,  P.  L.  768;  for  Allegheny 
County,  Act  Feb.  18,  1870,  P.  L.  197,  and  for  draining  mines ;  for  Indiana 
County,  March  10,  1871,  P.  L.  318,  for  like  purposes ;  for  Warren  and  Mer- 
cer Counties,  for  like  purposes,  May  19,  1871,  P.  L.  987;  for  Lawrence 
County,  Act  March  9,  1872,  P.  L.  303. 

42  Act  April  4,  1863,  P.  L.  293,  Sec.  i,  i  P.  &  L.  Dig.  1683. 


POWERS.  155 

is  confirmed  and  the  damages  paid  the  court  shall  direct  the 
laying  out  of  the  drain  which  shall  be  kept  in  repair  by  the  peti- 
tioners.^^ 

A  general  act  for  the  draining  of  swampy  and  wet  lands  was 
passed  April  5,  1870.'*^  By  it  the  court  of  quarter  sessions  was 
authorized  to  appoint  three  disinterested  commissioners  to  view 
a  continuous  swamp  or  marsh  upon  petition  of  the  majority 
of  the  owners.  Damages  and  costs  are  to  be  assessed,  a  portion 
of  which  expense  may  be  charged  to  the  townships  in  case  the 
swamp  is  a  public  nuisance.  The  assessments  shall  be  collected 
as  ordinary  debts.  An  appeal  however  may  be  taken  from  the 
judgment  of  the  commissioners,  whereupon  the  court  shall 
appoint  six  disinterested  commissioners  to  review  the  whole 
case  and  report,  which  report  shall  be  final.  When  these  pro- 
ceedings have  been  completed  the  owners  of  the  swamp  and 
the  supervisors  of  the  township  or  townships  shall  constitute 
a  corporation  whose  first  time  of  meeting  shall  be  fixed  by  the 
court,  and  a  yearly  meeting  shall  be  held  thereafter.  The  cor- 
poration shall  have  power  to  open  and  repair  the  drains  at  the 
common  expense  in  proportion  to  the  assessments  made  by  the 
commissioners. 

The  court  shall  grant  to  the  corporation  a  charter,  and  its 
officers,  when  authorized,  shall  have  the  power  to  make  assess- 
ments. When  the  president  issues  a  duplicate  therefor  with  his 
warrant  to  the  treasurer,  the  latter  shall  have  authority  to  col- 
lect as  county  rates  and  levies  are  collected.  The  assessment 
until  paid  shall  be  a  lien  upon  or  against  the  real  estate,  and 
the  personal  estate  that  may  be  upon  the  same,  belonging  to  the 
real  owner  of  said  swamp  or  part  of  said  swamp  lands.^^ 

Other  ^®  legislation  was  passed  providing  for  the  re-draining 
of  such  lands,  and  fixing  the  manner  in  which  the  necessity 

43  Act  April  4,  1863,  P.  L.  293,  Sec.  3,  i  P.  &  L.  Dig.  1684. 

44  Act  April  5,  1870,  P.  L.  47,  i  P.  &  L.  Dig.  1684-5. 

45  Act  June  15,  1871,  P.  L.  388,  i  P.  &  L.  Dig.  1685-6. 

46  Act  May  9,  1871,  P.  L.  263,  i  P.  &  L.  Dig.  1686. 


156  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

therefor  should  be  determined.  This  act  was  held  unconstitu- 
tional as  contrary  to  the  bill  of  rights,  since  it  provided  for  an 
ex  parte  appointment  of  commissioners  without  notice.^"^ 

Nuisance. 

154.  Townships  of  the  first  class  have  the  power  to  make 
regulations  respecting  hog  pens,  slaughter  houses,  manure 
pits,  drains,  cesspools  and  manufactories  that  are  offensive; 
to  abate  nuisances  prejudicial  to  public  health  and  public 
safety,  and  to  collect  the  cost  of  such  abatement  from  any 
person  who  may  be  responsible  for  having  created  the  nuisance. 
Also  to  prohibit  or  regulate  the  running  at  large  of  animals.^^ 

Boards  of  health  in  townships,  which  are  composed  of  the 
school  directors,  have  power  to  abate  nuisances  found  on  any 
premises  detrimental  to  the  public  health.^^  It  has  been  held 
that  the  Act  of  June  18,  1895,^°  providing  for  the  care  of  those 
infected  with  infectious  or  contagious  diseases,  directing  the 
disinfection  or  destruction  of  their  clothing  and  compelling  the 
vaccination  of  pupils  in  the  public  schools  likewise  applies  to 
townships,  such  being  within  the  meaning  of  the  term  "mu- 
nicipality" as  used  in  the  act.^^ 

The  tree  commissioners  appointed  in  townships  are  given 
statutory  authority  to  destroy  infected  and  diseased  orchard 
and  nursery  trees,  or  the  fruit  thereof,  in  their  respective  dis- 
tricts.^^ 

The  supervisors  have  control  of  the  township  roads.  No 
private  party  has  any  right  to  take  possession  of  such  and 
change  the  grade  without  permission  of  those  having  them 
under  statutory  control. ^^    If  the  abutting  owner  does  so  do  an 

47  Rutherford's  Case,  72  Pa.  82. 

48  Act  April  28,  1899,  P.  L.  107,  Sec.  4,  4  P.  &  L.  Dig.  919. 

49  Act  April  II,  1899,  P.  L.  38,  4  P.  &  L.  Dig.  856. 

50  Act  June  18,  1895,  P.  L.  203,  3  P.  &  L.  Dig.  444. 

51  Sprague  vs.  Baldwin,  18  Pa.  C.  C.  568. 

52  Act  April  28,  1899,  P.  L.  92,  4  P.  &  L.  Dig.  1488. 

53  McCarthy  vs.  Penna.  Land  and  Imp.  Co.,  5  Pa.  Sup.  641. 


POWERS.  157 

action  for  damages  will  lie  by  the  party  injured.^^  Or  the 
nuisance  may  be  abated  by  the  proper  municipal  authorities. 
But  the  supervisor  must  remove  an  obstruction  in  a  reasonable 
manner.  If  he  acts  in  a  reckless  or  wanton  way  he  is  liable  in 
trespass.  And  the  person  who  directs  him  to  remove  the  ob- 
struction, but  who  does  not  aid  in  so  doing  will  not  be  respon- 
sible for  the  acts  of  the  supervisor.  The  person  erecting  the 
nuisance  is  subject  to  indictment.^^  But  in  determining 
whether  an  obstruction  exists  the  road  as  opened  by  the  su- 
pervisors in  pursuance  of  a  view,  and  not  that  returned  by  the 
viewers,  is  to  control  in  concluding  whether  the  obstructioti 
complained  of  is  within  its  limits.^^  A  township  supervisor 
may  maintain  a  bill  in  equity  to  enjoin  against  the  erection  and 
maintenance  of  a  public  nuisance  on  its  highway.^'' 

Eminent  Domain. 

155.  The  power  of  townships  to  exercise  the  right  of  emi- 
nent domain  in  taking  property  for  public  use  is  very  limited. 
We  have  noticed  that  it  is  given  to  those  of  the  first  class 
where  it  becomes  necessary  to  enter  upon  private  lands  in  the 
construction  of  sewerage  systems.^^  By  the  Act  of  June  13, 
1836,^^  supervisors  are  given  power  to  enter  upon  lands  lying 
near  to  roads  and  to  there  dig,  gather  and  carry  upon  said 
roads  any  stones,  sand  or  gravel  found,  for  the  purpose  of  mak- 
ing or  repairing  the  roads,  when  such  materials  cannot  be  con- 
veniently obtained  by  the  supervisor  by  contract.  Compensa- 
tion is  fixed  by  a  majority  of  three  referees  to  be  selected  by 
the  supervisors  and  the  owner.    In  case  such  cannot  be  agreed 

54  McCarthy  vs.  Penna.  Land  and  Imp.  Co.,  supra;  Knowles  vs.  Penna. 
R.  R.,  175  Pa.  623. 

55  Kelly  vs.  Com.,  11  S.  &  R.  345- 

56  Com.  vs.  Plymouth  Twp.,  19  Pa.  Sup.  408;  Com.  vs.  Jackson,  10  Pa. 
Sup.  524;  Com.  vs.  Marshall,  137  Pa.  170;  Glenn  vs.  Com.,  5  Cent.  Rep. 
492,  s.  c.  6  Atl.  919. 

57  Township  of  North  Manheim's  Appeal,  22  W.  N.  C.  149. 

58  Act  May  24,  1901,  P.  L.  294,  4  P.  &  L.  Dig.  918. 

59  Act  June  13,  1836,  P.  L.  551,  Sec.  28,  2  P.  8z:  L.  Dig.  4151. 


158  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

Upon  a  justice  of  the  peace  shall  be  applied  to  who  shall  ap-. 
point  one  person  to  act  with  one  chosen  by  each  party.  They* 
shall  consider  and  decide.  The  judgment  so  reached  is  final.^^ 
The  remedy  thus  provided  is  exclusive,  and  an  action  of  tres- 
pass for  the  damage  sustained  will  not  lie.^^  If,  however,  the 
supervisor  should  appropriate  other  property  than  that  men- 
tioned in  the  act,  such  as  fences,  a  recovery  may  be  had 
against  him.®^  The  taking  so  provided  for  is  not  an  exercise 
of  the  right  of  eminent  domain  within  the  meaning  of  the 
eighth  section  of  the  sixteenth  article  of  the  Constitution  of 
1874,  which  requires  compensation  to  be  given  or  secured  by 
municipalities  before  property  is  taken.  And  such  is  not  a  pre- 
requisite of  the  exercise  of  this  power  by  the  supervisor.^^ 

Except  in  the  cases  mentioned  townships  have  no  power 
to  take  private  property  for  public  use.  They  are  not  munici- 
palities within  the  meaning  of  section  8,  article  16  of  the  Con- 
stitution.^^ Though  they  may  injure  property  in  opening  or 
repairing  roads,  or  in  changing  the  grades  of  the  same,  no  ac- 
tion lies  for  the  injury  sustained,  nor  must  compensation  be 
given  or  secured,  with  the  right  to  appeal  from  the  award  of 
damages,  as  in  the  case  of  municipalities  by  virtue  of  the  Con- 
stitution,^^ and  the  Act  of  June  13,  1874.^'^  Such  injury  is 
deemed  to  have  been  included  in  the  original  assessment  of 
darnages  made  by  the  viewers  who  laid  out  the  road.  Even  if 
none  were  assessed,  the  plaintiff  is  concluded,  and  cannot  re- 
cover in  an  action  of  trespass.^^ 

60  Act  June  13,  1836,  P.  L.  551,  Sees.  29,  30,  2  P.  &  L.  Dig.  4152. 

61  Marshall  vs.  Township  of  Lower  Towamensing,  15  W.  N.  C.  235. 

62  Nelson  vs.  Ehret,  4  Kulp  337. 

6s  Marshall  vs.  Township  of  Lower  Towamensing,  15  W.  N.  C.  235. 

64  Lamoreux  vs.  Luzerne  County,  116  Pa.  195. 

65  Constitution,  Art.  16,  Sec.  8,  i  P.  &  L.  Dig.  89. 

66  Act  June  13,  1874,  P.  L.  283,  i  P.  &  L.  Dig.  1849;  Lamoreux  vs. 
Luzerne  County,  116  Pa.  195;  Shoe  vs.  Nether  Providence  Twp.,  3  Pa. 
Sup.  137;  Wagner  vs.  Salzburg  Twp.,  132  Pa.  636. 

67  Wagner  vs.  Salzburg  Twp.,  132  Pa.  636;  Winner  vs.  Graner,  173  Pa. 
43- 


CHAPTER  XVII. 


FRANCHISES. 


156.  Street  railways.  159.  Oil  and  pipe  line  companies. 

157.  Telephone  and  telegraph  com-  160.  Gas  light  and  heat  companies. 

panies.  161.  Water  companies. 

158.  Natural  gas  companies. 

Street  Railways. 

156.  Section  15  of  the  Act  of  May  14,  1889/  as  amended  by 
the  Act  of  May  21,  1895,^  and  the  Act  of  June  7,  1901,^  pro- 
hibits the  construction  of  electric  street  railways  within  the 
limits  of  a  township  without  the  consent  of  the  local  authori- 
ties thereof.  Municipal  consent  is  a  prerequisite  to  the  right 
of  occupation  of  highways  by  street  railway  companies.^  This 
is  a  matter  for  the  deliberation  and  consultation  of  the  super- 
visors, and  such  contract  can  only  be  entered  into  by  joint  ac- 
tion. The  consent  must  be  given  at  a  meeting  regularly  con- 
vened, and  the  proceedings  should  be  entered  in  the  township 
books  kept  by  the  town  clerk. ^  It  is  sufficient  if  all  meet  with 
the  town  clerk  in  the  office  of  their  attorney  and  prepare  the 
formal  contract.^     But  a  consent  signed  separately  gives  no 

1  Act  May  14,  1889,  P.  L.  211,  Sec.  15,  2  P.  &  L.  Dig.  4022. 

2  Act  May  21,  1895,  P.  L.  93,  Sec.  2,  3  P.  &  L.  Dig.  498. 

3  Act  June  7,  1901,  P.  L.  514,  4  P.  &  L.  Dig.  1390. 

4  Larimer  &  L.  St.  Ry.  Co.  vs.  Larimer  St.  Ry.  Co.,  137  Pa.  533. 

5  Penna.  R.  R.  vs.  Montgomery  Co.  Pass.  Ry.,  167  Pa.  62 ;  Lower  Potts- 
grove  Twp.  vs.  Pottstown  Pass.  Ry.  Co.,  9  Mont.  90. 

6  Meixell  vs.  Railway  Co.,  7  North  274. 


l60  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

right  to  the  use  of  the  highways.'''  An  injunction  however  has 
been  refused  where  the  franchise  was  so  given,  where  the  rail- 
way was  commenced,  and  a  large  expenditure  made  before  ob- 
jection.^ Where  there  is  but  one  supervisor,  as  in  the  case  of  an 
independent  road  district  created  from  a  township,  the  road 
commissioner  for  that  district  is  the  proper  person  to  give  the 
permission.® 

The  franchise  is  of  no  effect  if  it  has  been  secured  by  unlaw- 
ful means.  Thus  a  promise  to  give  work  to  the  supervisor  and 
his  son  as  long  as  they  live,  in  consideration  of  the  grant,  renders 
it  void.^°  So  if  it  be  extorted  from  the  supervisor  by  threats 
to  have  him  arrested  for  fraudulently  consenting  to  the  con- 
struction of  another  road,  followed  by  a  promise  to  give  him 
the  same  consideration  promised  by  the  first  company.^  ^  It 
has  been  questioned  whether  the  agreement  to  furnish  passes 
to  the  supervisors  while  in  office,  and  then  to  their  successors, 
was  a  consideration  to  the  township  for  the  franchise,  or  a 
granting  to  the  individuals  rendering  the  consent  void,  but  the 
principle  has  not  been  decided. ^^ 

Conditions  may  be  attached  to  the  franchise,  and  upon  the 
failure  to  comply  with  the  same,  the  consent  may  be  revoked. 
Thus  it  may  be  stipulated  that  the  road  shall  be  commenced 
in  one  year.^^  But  such  a  condition  is  complied  with  by  com- 
mencing work  upon  the  line  in  another  township  within  the 
period  fixed. ^^    A  preliminary  injunction  will  be  refused  where 

7  Penna.  R.  R.  vs.  Montgomery  Co.  Pass.  Ry.,  167  Pa.  62— it  was  here 
said  that  a  paper  signed  separately  could  give  no  right,  but  that  the  consent 
should  appear  by  the  minutes  of  the  township  clerk.  It  is  doubted  whether 
the  consent  would  be  invalidated  where  regularly  given  because  of  a  mere 
failure  to  so  enter.    See  Machine  Co.  vs.  Allegheny  Twp.,  10  Pa.  Sup.  437. 

8  Union  St.  Ry.  vs.  Hazleton  &  N.  S.  Elec.  Ry.,  154  Pa.  422. 

9  Hain  vs.  Lebanon  &  Annville  St.  Ry.  Co.,  i  D.  R.  452. 

10  Lehigh  Coal  and  Nav.  Co.  vs.  Inter-County  St.  Ry.  Co.,  167  Pa.  75. 

11  Tamaqua  and  Lansford  St.  Ry.  vs.  Inter-County  St.  Ry.,  167  Pa.  91. 

12  Meixell  vs.  Railway  Co.,  7  North  274. 

13  Plymouth  Twp.  vs.  Chestnut  Hill  and  Norristown  Ry.  Co.,  168  Pa.  181. 

14  Upper  Providence  Twp.  vs.  Ry.  Co.,  17  Montg.  167,  s.  c.  8  North  93. 


FRANCHISES.  l6l 

an  indefinite  verbal  condition  is  set  up  by  the  supervisor  that 
the  work  should  begin  as  soon  as  the  weather  permitted,  the 
railway  company  having  made  outlays  before  the  revocation  by 
the  supervisor,  less  than  three  months  later.  ^^ 

The  consent  of  the  township  to  the  use  of  a  road  gives  a 
right  to  the  use  of  a  bridge  thereon,^!^  though  the  bridge  be 
a  county  one.^'^  Or  though  it  was  built  by  a  railroad  company 
across  its  tracks  in  place  of  an  old  road,^^  A  turnpike  road 
cannot  be  taken  by  the  railway  without  the  consent  of  the  su- 
pervisors, and  unless  that  of  the  turnpike  company  be  given.^® 
Nor  will  the  mere  consent  of  the  turnpike  company  be  sufficient 
without  that  of  the  supervisors.^^  So  the  consent  of  the  town- 
ship authorities  is  not  sufficient  to  permit  the  building  of  the 
railway  without  the  consent  of  the  abutting  owners.^^  Nor  is 
the  rule  changed  in  townships  of  the  first  class,  because  power 
has  been  given  to  the  board  of  township  commissioners  to  pass 
ordinances,  as  in  boroughs  or  cities.^^ 

Telephone  and  Telegraph.  Companies. 

157.  Telephone  and  telegraph  companies  chartered  under, 
the  general  corporation  Act  of  April  29,  1874,  and  its  supple- 
ments, are  authorized  to  occupy  the  highways  of  the  State  in 
the  construction  of  their  lines,  so  long  as  public  travel  is  not 
incommoded.  The  consent  of  the  supervisors  is  not  therefore 
required,  nor  of  a  turnpike  company  within  the  township  whose 

15  Mahanoy  Twp.  vs.  Beaver  Meadow  Electric  Railway  Co.,  13  Pa.  C. 

C.   344- 

16  Conshohocken  Ry.  Co.  vs.  Penna.  R.  R.,  10  Montg.  113. 

17  Berks  County  vs.  Reading  City  Pass.  Ry.  Co.,  167  Pa.  102. 

18  Conshohocken  Ry.  Co.  vs.  Penna.  R.  R.,  15  Pa.  C.  C.  445. 

19  Electric  Ry.  Co.  vs.  Turnpike  Co.,  4  D.  R.  17. 

20  Johnstown  &  S.  L.  Turnpike  Co.  vs.  Johnstown  Pass.  Ry.,  4  D.  R.  594 ; 
Steelton  Bor.  vs.  East  Harrisburg  Pass.  Ry.,  i  D.  R.  667. 

21  Penna.  R.  R.  vs.  Montgomery  Co.  Pass.  Ry.,  167  Pa.  62. 

22  Dempster  vs.  United  Traction  Company,  205  Pa.  70. 


l62  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA, 

road  is  occupied.^^    But  that  of  abutting  owners  must  be  ob- 
tained, or  security  given  for  damages  which  may  result.^^ 

Natural  Gas  Companies. 

158.  The  Act  of  May  29,  1885,^^  gives  to  natural  gas  com- 
panies the  right  to  enter  upon  streets  and  highways.  Section 
13  requires  municipal  consent  only  in  case  the  streets  of  a 
borough  or  city  are  occupied.  But  section  12  directs  that  the 
court  of  common  pleas  shall  have  jurisdiction  to  settle  disputes 
as  to  the  location  of  the  lines  arising  between  the  corporation 
and  the  township  whose  roads  are  occupied,  upon  petition  of 
either  party.  From  the  decree  entered  an  appeal  will  lie  as  in 
cases  of  equity.  Though  the  supervisors  need  not  give  con- 
sent, that  of  the  abutting  owners  must  be  obtained,  or  com- 
pensation for  his  damage  secured.^^ 

Oil  and  Pipe  Line  Companies. 

159.  Oil  and  pipe  line  companies  have  been  given  by  statute 
the  power  to  occupy  with  their  pipe,  roads  and  highways,  with 
the  consent  of  the  abutting  owners.  Municipal  consent  is  not 
required  in  the  case  of  townships,  but  only  in  cities  or  bor- 
oughs. ^"^ 

Gas  Light  and  Heat  Companies. 

160.  Municipal  consent  by  supervisors  is  not  a  prerequisite 
to  the  occupation  of  roads  and  highways  in  a  township.  Such 
is  required  only  in  the  case  of  cities  and  boroughs.^^    Since  the 

23  Peoples'  Telephone  and  Telegraph  Co.  vs.  Berks  and  Dauphin  Tpk. 
Road,  199  Pa.  411.  In  Bradford  City  vs.  Penna.  &  N.  Y.  Tel.  &  Tel.  Co.,  26 
Pa.  C.  C.  321,  it  was  held  that  such  was  not  required  even  in  boroughs, 
the  Act  of  June  25,  1885,  P.  L.  164,  being  unconstitutional.  But  see  Pfoutz 
vs.  Pennsylvania  Telephone  Co.,  24  Pa.  Sup.  105. 

24  Penna.  Tel.  Co.  vs.  Hoover,  24  Pa.  Sup.  96;  Pfoutz  vs.  Pennsylvania 
Tel.  Co.,  24  Pa.  Sup.  105. 

25  Act  May  29,  1885,  P.  L.  29,  Sec.  10,  2  P.  &  L.  Dig.  3223. 

26  Sterling's  Ap.,  ill  Pa.  35. 

27  Act  June  2,  1883,  P.  L.  61,  2  P.  &  L.  Dig.  3488-91. 

28  Act  June  2,  1887,  P.  L.  310. 


FRANCHISES.  1 63 

leave  of  the  township  is  not  required,  so  that  of  a  turnpike 
company  within  it  is  not.-^  But  that  of  the  abutting  owner 
must  be  obtained,  or  his  damages  secured. ^^ 

Water  Companies. 

161.  Water  companies  are  authorized  by  the  general  Act  of 
March  ii,  1857,^^  to  enter  upon  roads  and  highways  in  town- 
ships subject  to  such  regulations  as  the  district  may  adopt  in 
regard  to  grades,  or  for  the  protection  and  convenience  of 
public  travel.  Under  this  legislation  a  highway  may  be  entered 
and  occupied  longitudinally.^^  But  the  corporation  holds  sub- 
ject to  the  right  of  the  supervisors  to  make  reasonable  regu- 
lations for  the  protection  of  the  public,  and  they  may  therefore 
compel  the  raising  or  lowering  of  the  pipes  when  it  is  neces- 
sary for  the  drainage  of  the  highway.^^ 

A  corporation,  chartered  under  the  Act  of  July  2,  1895,^'* 
having  the  privilege  of  developing  electric  power  for  com- 
mercial purposes  by  means  of  water  power,  was  given  the 
power  to  enter  upon  highways,  but  only  in  case  the  consent  of 
the  supervisors  is  first  obtained. 

29  Berks  and  Dauphin  Turnpike  Road  vs.  Lebanon  Steam  Co.,  5  Pa.  C. 

c.  354. 

30  Haverford  Electric  Light  Co.  vs.  Hart,  13  Pa.  C.  C.  369;  Zanziger  vs. 
Wayne  Electric  Light  Co.,  6  D.  R.  577. 

31  Act  March  11,  1857,  P.  L.  77,  i  P.  &  L.  Dig.  2210;  Act  April  29,  1874, 
P.  L.  73;  Act  June  2,  1887,  P.  L.  310,  i  P.  &  L.  Dig.  2213;  Act  May  16, 
1889,  P.  L.  226,  I  P.  &  L.  Dig.  2217;  Act  May  26,  1893,  P.  L.  158,  i  P.  & 
L.  Dig.  2220. 

32  Logan  Twp.  vs.  Altoona,  2  Blair  i. 

3S  Bryn  Mawr  Water  Co.  vs.  Lower  Merion  Twp.,  15  Pa.  C.  C.  527. 
34  Act  July  2,  1895,  P.  L.  425,  3  P.  &  L.  Dig.  186. 


CHAPTER  XVIII. 


EXPENDITURES. 


162.  Subscriptions.  169.  Act  of  April  20th,  1874,  con- 

163.  Appropriation    of    money  or  tinued. 

credit.  170.  /Vet  of  April  20th,  1874,  con- 

164.  Erecting  buildings.  tinued. 

165.  Disbursements.  171.  Act  of  April  20th,  1874,  con- 

166.  Indebtedness.  tinued. 

167.  Limitation    on    the    power  to            172.  Exchanging  securities. 

contract  debts.  173.  Statement  of  indebtedness. 

168.  Act  of  April  20th,  1874.  174-  Ratifying  increases. 

Subscriptions  to  Corporation  Stock. 

162,  Subscriptions  to  a  corporation  by  the  township  must  be 
by  virtue  of  some  legislative  authority.  Any  attempt  to  exer- 
cise power  not  possessed  is  void.^  The  7th  section  of  the  9th 
article  of  the  Constitution  of  Pennsylvania  ordains  that  "the 
General  Assembly  shall  not  authorize  any  county,  city,  borough, 
township  or  incorporated  district  to  become  a  stockholder  in 
any  company  association,  or  corporation,  or  to  obtain  or  ap- 
propriate money  for,  or  to  loan  its  credit  to  any  corporation, 
association,  institution  or  individual."  Prior  to  this  constitu- 
tional inhibition,  the  power  of  the  township  to  become  the* 
owner  of  stock  in  a  corporation  rested  on  legislation.  When 
the  General  Assembly  authorized  such  subscription  it  was 
valid. ^     And  an  act  passed  after  the  subscription  might  have 

1  Wimer  vs.  Overseers  of  Poor  of  Worth  Twp.,  104  Pa.  317. 

2  Com.  vs.  Com.  of  Allegheny  Co.,  s?  Pa.  277 ;  Com.  vs.  Com.  of  Alle- 
gheny Co.,  37  Pa.  237 ;  Com.  vs.  Com.  of  Allegheny  Co.,  32  Pa.  218 ;  Com. 
vs.  Pittsburg,  34  Pa.  496 ;  lb.  41  Pa.  278 ;  Penna.  R.  R.  vs.  City  of  Phila- 
delphia, 47  Pa.  189;  Sharpless  vs.  Mayor  of  Philadelphia,  21  Pa.  147;  Moers 
vs.  City  of  Reading,  21  Pa.  188. 

164 


EXPENDITURES.  165 

ratified  it.^  Such  power  was  given  to  the  supervisors  of  the 
various  townships  throughout  the  State  to  encourage  the  build- 
ing of  turnpikes  and  plank  roads,  after  ratification  of  the  pro- 
posed action  at  a  special  election  to  be  held  for  the  purpose.^ 

Appropriation  of  Money  or  Credit. 

163.  The  constitutional  provision  quoted  in  the  preceding 
section  forbids  the  authorization  by  the  General  Assembly  of 
any  township  to  obtain  or  appropriate  money  for,  or  to  loan 
its  credit  to,  any  corporation,  association,  institution  or  indi- 
vidual. The  prohibition  is  not  only  against  a  legislative  au- 
thorization, but  much  more  against  a  legislative  requirement 
that  a  county  or  township  shall  give  its  money  or  credit  to  any 
corporation.*^  Nor  can  this  provision  be  evaded  by  the  selec- 
tion of  any  agency  for  the  transfer  of  the  moneys  to  the  asso- 
ciation or  corporation.^  But  this  prohibition  affected  only  fu- 
ture legislation,  and  did  not  repeal  that  already  existing.'^  It 
is  also  noticed  that  it  is  made  a  misdemeanor  for  a  township 
officer  to  loan  any  money  or  security  in  his  possession  with  or 
without  interest  or  return  therefor.^ 

But  the  purpose  of  this  constitutional  provision  was  not  to 
prevent  expenditures  which  were  intended  for  the  material 
benefit  and  welfare  of  the  community.  Thus  an  appropriation 
to  a  police  pension  fund,^  or  to  a  committee  of  citizens  appointed 
to  determine  the  wisdom  and  cost  of  a  ship  canal,^*^  or  to  a 
bounty  fund  for  the  pay  of  volunteers  in  the  United  States 


3  Penna.  R.  R.  Co.  vs.  City  of  Philadelphia,  47  Pa.  189. 

4  Act  April  5,  1842,  P.  L.  230,  Sees.  7  and  8,  2  P.  &  L.  Dig.  4759. 

5  Wilkes-Barre  City  Hospital  vs.  County  of  Luzerne,  84  Pa.  55. 

6  In  re  Northern  Home  for  Friendless  Children,  2  W.  N.  C.  349 ;  See 
Earley's  Ap.,  103  Pa.  273. 

7  Indiana  County  vs.  Agricultural  Society,  85  Pa.  357. 

8  Act  March  31,  i860,  P.  L.  382,  Sees.  62,  63,  i  P.  &  L.  Dig.  1308-9. 

9  Com.  vs.  Walton,  182  Pa.  2)73- 
10  Com.  vs.  Pittsburg,  183  Pa.  202. 


1 66  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

army^^  is  valid  and  binding.  By  the  Act  of  June  25,  1895/^ 
townships  are  authorized  to  appropriate  moneys  for  the  ex- 
penses of  Memorial  Day  exercises. 

Township  Buildings. 

164.  The  supervisors,  road  commissioners,  or  other  officers, 
having  charge  of  construction  and  keeping  in  repair  the  public 
roads  in  any  township,  are  authorized  at  their  option,  to  cause  a 
suitable  lot  of  ground  to  be  procured,  and  cause  a  suitable 
building  to  be  erected  thereon  for  a  town  house,  in  which  to 
hold  elections,  store  road  machinery,  or  for  meetings  of  the 
township's  officers,  and  for  other  township  uses.  The  total  in- 
debtedness incurred  for  this  purpose  shall  not  exceed  one-half 
of  one  per  cent,  of  the  assessed  value  of  real  estate  of  such 
township.  For  this  purpose  money  may  be  borrowed  at  a  rate 
of  interest,  not  exceeding  six  per  cent,  and  bonds  issued  there- 
for. An  annual  tax  shall  be  collected  in  cash  not  to  exceed 
fifty  per  cent,  of  the  rate  of  assessment  laid  in  each  year  for 
road  purposes,  to  be  collected  in  the  same  manner  as  are  other 
cash  taxes,  now  collected  by  law.-^^ 

Disbursements. 

165.  In  townships  of  the  first  class  "all  disbursements  in 
discharge  of  township  indebtedness  duly  incurred  shall  be 
made  by  the  township  treasurer,  acting  by  virtue  of  warrants, 
drawn  on  him  by  order  of  the  board  of  township  commission- 
ers, attested  by  the  signature  of  the  president,  or  vice-president, 
and  secretary  of  the  board."  The  board  shall  prescribe,  by  or- 
dinance, the  manner  in  which  bills  for  township  indebtedness 
shall  be  approved  for  payment.  ^^     By  the  seventeenth  section 

11  Speer  vs.  Blairsville  School  Directors,  50  Pa.  150;  Ahl  vs.  Gleim, 
52  Pa.  432;  Hilbisli  vs.  Catherman,  64  Pa.  154.  These  decisions  were  based 
on  earlier  Constitutions,  having  similar  provisions. 

12  Act  June  25,  1895,  P.  L.  298,  3  P.  &  L.  Dig.  454. 

13  Act  June  26,  1895,  P.  L.  324,  3  P.  &  L.  Dig.  528-9. 

14  Act  April  28,  1899,  P.  L.  104,  Sec.  8,  4  P.  &  L.  Dig.  922. 


EXPENDITURES.  167 

of  the  same  act,  the  treasurer  is  directed  to  pay  only  upon 
these  written  warrants  or  orders. 

In  other  townships,  where  the  office  of  treasurer  exists,  he 
shall  receive  the  township  funds,  and  pay  out  the  same  on  or- 
ders drawn  by  the  supervisors.^^  Where  no  treasurer  is 
elected,  then  the  township  funds  are  received  and  disbursed  by 
the  supervisors  who  are  accountable  to  the  auditors  at  the  time 
of  annual  settlement.^ ^ 

Indebtedness. 

166.  There  are  at  least  two  different  forms  of  indebtedness 
— that  which  springs  from  the  borrowing  of  money,  and  that 
which  springs  from  the  purchase  of  property  or  the  procure- 
ment of  work  to  be  done  for  which  the  price  is  not  at  once  paid. 
Our  statutes  seem  to  contemplate  that  the  expense  of  the  ordi- 
nary municipal  powers  shall  be  met  by  the  revenues  derived 
from  year  to  year  by  taxation.  But  the  supervisors  cannot  in 
sny  one  year  lay  an  assessment  exceeding  one  cent  on  the  dol- 
lar for  meeting  the  expenses  (and  they  cannot  lay  any  addi- 
tional assessment)  except  for  the  purpose  of  paying  any  just 
debt  due  a  former  overseer  or  supervisor. 

But  the  credit  of  the  township  may  be  pledged  for  the  repair 
of  roads  upon  extraordinary  emergency,  such  as  the  destruc- 
tion of  roads  and  bridges  by  floods. ^'^  So  statutory  authority 
is  given  to  purchase  road  machines  on  credit,  the  method  of 
payment  being  defined  by  the  act.^^  A  contract  for  ordi- 
nary expenses  within  the  current  revenues  is  not  an  increase 
of  indebtedness.^^*  By  the  Act  of  April  23,  1903,  the  indebt- 
edness incurred  in  townships  of  the  second  class  by  expendi- 
tures upon  the  roads  for  labor,  materials  and  machines,  to  an 
amount  not  exceeding  two  per  centum  of  the  assessed  valuation 

15  Act  April  15,  1834,  p.  L.  537,  Sec.  96,  2  P.  &  L.  Dig.  4701. 

16  Act  April  15,  1834,  P.  L.  537,  Sec.  90,  2  P.  &  L.  Dig. 

17  Maneval  vs.  Jackson  Twp.,  141  Pa.  426. 

18  Act  May  24,  1887,  P.  L.  202,  2  P.  &  L.  Dig.  4230. 
18*  Reuting  vs.  Titusville,  175  Pa.  512. 


l68  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA, 

therein,  was  validated,  though  the  provisions  of  the  Act  of 
April  20,  1874,^^  had  not  been  complied  with.  The  bonds  or 
securities  issued,  or  assessments  made  to  pay  the  same,  or  in- 
terest thereon,  were  declared  lawful. 

In  townships  of  the  first  class  the  board  of  commissioners 
has  greater  power  as  to  the  creation  of  indebtedness.  It  may 
borrow  money,  and  issue  evidence  of  indebtedness  therefor, 
provided  the  total  debt  so  created  does  not  exceed  two  per 
centum  of  the  county  valuation  of  the  property  within  the  town- 
ship, without  the  assent  of  the  electors  of  the  town- 
ship. No  expenditure  of  a  greater  sum  than  one  hundred  dol- 
lars shall  be  made,  however,  except  by  a  special  resolution  of 
the  board.    The  rate  of  interest  shall  not  exceed  five  per  cent.^*^ 

Limitation  on  the  Power  to  Contract  Debts. 

167.  The  eighth  section  of  article  nine  of  the  Constitution 
enacts  that  "the  debt  of  any  ....  township  .  .  . 
except  as  herein  provided  shall  never  exceed  seven  per  centum 
upon  the  assessed  value  of  the  taxable  property  therein,  nor 
shall  any  such  municipality  ....  incur  any  new  debt 
or  increase  its  indebtedness  to  an  amount  exceeding  two  per 
centum  upon  such  assessed  valuation  of  property  without  the 
assent  of  the  electors  thereof  at  a  public  election  in  such  man- 
ner as  shall  be  provided  by  law."  The  tenth  section  of  the 
same  article  requires  that  "any  ....  municipality  in- 
curring any  indebtedness  shall,  at  or  before  the  time  of  so 
doing,  provide  for  the  collection  of  an  annual  tax  sufficient  to 
pay  the  interest  and  also  the  principal  thereof  within  thirty 
years."  Under  this  provision  the  contraction  of  indebtedness, 
without  providing  for  a  tax  which  will  pay  it  in  thirty  years  is 
void.^^  But  incidental  and  ordinary  expenses  of  making  and 
keeping  in  repair  the  highways  are  not  included.^-     The  word 

19  Act  April  20,  1874,  P.  L.  65,  i  P.  &  L.  Dig.  566. 

20  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  4  P.  &  L.  Dig.  921. 

21  Witherop  vs.  Titusville  School  Board,  7  Pa.  C.  C.  451. 

22  Lehigh  Coal  &  Navigation  Co.'s  Ap.,  112  Pa.  360. 


EXPENDITURES.  1 69 

"indebtedness,"  as  used  in  the  Act  of  April  20,  1874,  shall  be 
deemed,  held  and  taken  to  include  all  and  every  manner  of 
debt,  as  well  floating  as  funded,  of  the  said  municipality;  and 
the  net  amount  of  such  indebtedness  shall  be  ascertained  by  de- 
ducting from  the  gross  amount  thereof,  the  moneys  in  the 
treasury,  all  outstanding  solvent  debts,  and  all  revenues  ap- 
plicable within  one  year  to  the  payment  of  the  same.^^ 

Act  of  April  20,  1874. 

168.  The  Act  of  April  20,  i874,^'*  as  amended  by  the  Act  of 
April  13,  1897,^^  gives  effect  to  the  constitutional  prohibition 
against  increasing  the  indebtedness  of  townships,  which  already 
equals  seven  per  centum  upon  the  assessed  value  of  their  tax- 
able property,  by  declaring  such  increase  void  and  by  making 
every  officer  who  wilfully  authorizes  such  increase  guilty  of 
and  punishable  for  a  misdemeanor.  The  second  section  au- 
thorizes any  municipality  to  incur  an  indebtedness  to  an 
amount  in  the  aggregate  not  exceeding  two  per  centum  upon 
the  assessed  value  of  the  taxable  property  therein,  by  a  vote 
of  the  corporate  authorities  duly  recorded  on  its  minutes.  It 
also  empowers  them  to  issue  coupon  bonds  or  other  securities 
for  such  indebtedness  at  not  less  than  their  par  value  in  sums 
not  less  than  $100.00,  each  bearing  interest  at  a  rate  not  ex- 
ceeding six  per  centum  per  annum,  payable  semi-annually,  the 
principal  to  be  reimbursable  at  a  period  not  exceeding  thirty 
years  from  the  time  of  authorization.  An  annual  tax  is  to  be 
levied  commencing  the  first  year  after  the  incurring  or  in- 
creasing of  the  indebtedness  sufficient  to  pay  interest  and  the 
principal  in  thirty  years.  The  following  provision  of  the  Act 
of  April  20,  1874,  was  stricken  out  by  the  amending  Act  of 
April  13,  1897,^*^  to-wit:  "Equal  to  at  least  eight  per  centum  of 
the  amount  thereof  must  be  assessed  to  provide  for  the  pay- 

23  Act  April  20  1874,  P.  L.  65,  Sec.  S,  i  P.  &  L.  Dig.  570. 

24  Act  April  20,  1874,  P-  L.  65,  I  P.  &  L.  Dig.  566. 

25  Act  April  13,  1897,  P.  L.  17,  3  P.  &  L.  Di?-.  439. 

26  Act  April  13,  1897,  P.  L.  17,  3  P.  &  L.  Dig.  439. 


170  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

ment  of  the  interest  and  the  liquidation  of  the  principal.  The 
moneys  arising  from  this  tax  must  be  applied  annually,  and  as 
they  accumulate,  to  the  redemption  at  par  of  the  obligations." 
Before  issuing  such  bonds  or  other  securities  the  principal  offi- 
cer or  officers  of  the  township  must  prepare  a  statement  show- 
ing its  actual  indebtedness,  the  amount  of  the  last  preceding 
assessed  valuation  of  the  taxable  property  therein,  the  amount 
of  debt  to  be  incurred,  the  form,  number  and  date  of  maturity 
of  the  obligations  to  be  issued  therefor,  and  the  amount  of  the 
annual  tax  levied  and  assessed  to  pay  this  indebtedness.^'''  This 
statement,  to  which  must  be  appended  his  or  their  oath  or  affir- 
mation of  the  truth  of  the  facts  therein  stated,  must  be  filed  in 
the  office  of  the  clerk  of  the  court  of  quarter  sessions  of  the 
county.-^  A  certified  copy  of  the  record  of  it  is  made  com- 
petent evidence  in  all  courts. 

Under  this  act,  where  a  municipality  incurred  an  aggregate 
indebtedness  in  excess  of  two  per  cent,  of  the  taxable  property, 
the  borough  might  issue  a  new  loan  for  the  entire  indebted- 
ness, if  approved  at  an  election  duly  advertised,  all  old  bonds 
to  be  retired,  with  the  proceeds  of  the  new  loan.^^ 

Act  of  April  20,  1874,  Continued. 

169.  The  third  section,  as  amended  by  the  Act  of  June  9, 
1891,^^  makes  provision  for  the  increase  of  the  indebtedness  of 
the  township  to  an  amount  greater  than  two  and  less  than  seven 
per  centum  of  the  last  preceding  valuation,  of  its  taxable  prop- 

27  Perhaps  the  omission  to  file  the  statement  will  not  vitiate  the  securi- 
ties, issued,  but  those  who  take  them  should  be  affected  with  notice  of  all 
the  facts  that  would  properly  have  appeared  in  the  statement.  If  all  facts, 
other  than  the  filing,  necessary  to  the  validity  of  the  securities  exist,  they 
will  be  valid;  if  any  of  them  are  wanting,  the  securities  will  be  void. 
Rainsburg  Borough  vs.  Fyan,  127  Pa.  74;  Fyan  vs.  Rainsburg  Borough, 
5  Pa.  C.  C.  443- 

28  Omission  to  comply  with  this  provision  concerning  a  statement  is 
made  a  misdemeanor.    Laird  vs.  Greensburg  Bor.,  8  Pa.  C.  C.  621. 

29  Roye  vs.  Columbia  Borough,  192  Pa.  146. 

30  Act  June  9,  1891,  P.  L.  252,  i  P.  &  L.  Dig.  568. 


EXPENDITURES.  1 71 

erty,  with  the  assent  of  its  electors,  duly  obtained  at  a  public 
election,  to  be  held  in  it.  The  corporate  authorities  by  their 
vote,  having  signified  a  desire  to  make  such  an  increase  of  in- 
debtedness, must  give  notice  during  at  least  thirty  days,  by 
weekly  advertisements  in  newspapers,  not  exceeding  three,  in 
the  township;  or  if  there  be  no  newspapers  published  therein, 
by  at  least  twenty  printed  hand  bills  posted  in  the  most  public 
parts  thereof,  of  an  election  at  the  places  of  holding  municipal 
elections,  on  a  day  prescribed  by  them  which  day,  however, 
must  be  that  of  the  ordinary  municipal  or  of  the  general  elec- 
tion, unless  more  than  ninety  days  elapse  between  the  date  of 
the  ordinance  or  vote  in  favor  of  the  increase  of  indebtedness, 
and  the  day  for  such  municipal  or  general  election.  The  publi- 
cations by  newspapers  must  be  weekly.  The  notices  should  ap- 
pear during  the  thirty  days  immediately  preceding  the  elec- 
tion. This  provision  concerning  notice  is  not  directory  but 
mandatory.  ^^  Substantial  compliance  as  to  notice  is  all  that  is 
required. ^^  At  this  election  the  electors  will  indicate  their  will 
in  regard  to  increasing  the  indebtedness.  The  notice  must  con- 
tain a  statement  of  the  amount  of  the  last  assessed  valuation; of 
the  amount  of  the  existing  debt ;  of  the  amount  and  percentage 
of  the  proposed  increase,  and  of  the  purposes  for  which  the  in- 
debtedness is  to  be  increased.  The  election  will  be  held  under 
the  same  regulations  as  other  municipal  elections.  It  is  the 
duty  of  the  judges  and  inspectors  to  receive  tickets,  written  or 
printed,  from  electors  qualified  under  the  Constitution  to  vote, 
labeled  on  the  outside,  "Increase  the  debt,"  and  containing  on 
the  inside  the  words  "No  increase  of  debt"  or  "Debt  may  be  in- 
creased," together  with  a  brief  statement  of  the  purpose  and 
amount  of  increase.  These  tickets,  deposited,  as  in  other  elec- 
tions, in  a  box  provided  for  that  purpose,  must  be  counted  and 
a  return  thereof  made  to  the  clerk  of  the  court  of  quarter  ses- 
sions of  the  proper  coimty,  duly  certified,  together  with  a  certi- 

31  Witherop  vs.  Titusville  School  Board,  7  Pa.  C.  C.  451. 

32  Harrisburg  vs.  Bank,  6  Dauphin  4. 


172  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA, 

fied  copy  of  the  ordinance  and  the  advertisement.  The  clerk 
must  make  a  record  of  the  same  and  furnish  a  certified  copy 
thereof,  showing  the  result  under  seal,  to  the  corporate  au- 
thorities, which  must  be  placed  of  record  upon  their  minutes. ^^ 

The  fourteenth  section  of  the  Act  of  June  10,  1893,^^  which 
directs  the  form  of  ballot  with  respect  to  constitutional  amend- 
ments and  other  questions  submitted  to  the  people,  is  unconsti- 
tutional, because  the  title  to  the  act  gives  no  notice  of  this  sub- 
ject,^^  and  it  does  not  therefore  repeal  former  acts.^^  By  the 
Act  of  May  25,  1897,^^  elections  held  since  June  19,  1891,  for 
increasing  indebtedness  were  validated,  though  the  form  of 
ballot  deviated  from  the  standard  fixed  in  that  act,  where  the 
votes  have  been  properly  certified  and  counted,  improvements 
made  and  indebtedness  created  on  the  strength  of  the  election 
held.38 

The  ballots  for  the  voting  upon  the  question  are  to  be  fur- 
nished by  the  township,^^  and  not  by  the  county  commissioners. 
Where  several  debts  are  to  be  created,  each  should  be  separ- 
ately submitted  to  the  people  so  that  they  will  not  be  compelled 
to  choose  between  the  loss  of  a  measure  which  they  desire  car- 
ried out,  and  the  adoption,  along  with  it,  of  a  measure  to  which 
they  are  opposed.  The  court  will  enjoin  against  the  holding  of 
an  election  if  this  rule  is  broken  in  the  form  of  the  submis- 

33  The  Act  of  June  9,  1891,  P.  L.  252,  i  P.  &  L.  Dig.  568,  also  provides 
that  "the  vote  shall  be  counted  by  the  court,  as  is  now  provided  by  general 
laws  governing  municipal  elections."  But,  as  there  is  no  general  law  requir- 
ing the  court  to  so  count  the  votes,  such  provision  can  have  no  application 
to  a  vote  in  a  township  for  the  increase  of  indebtedness.  Such  ruling  has 
been  made  in  the  case  of  a  borough.     Clough  vs.  Shreve,  10  Pa.  C.  C.  398. 

34  Act  June  10,  1893,  P.  L.  419,  i  P.  8z:  L.  Dig.  1771. 

35  Evans  vs.  Willistown  Borough,  168  Pa.  578 ;  Millville  Borough  An- 
nexation, 18  Pa.  C.  C.  155,  5  D.  R.  726;  Com.  vs.  Weir,  15  Pa.  C.  C.  425. 

36  Evans  vs.  Willistown  Township,  supra;  here  the  election  which  con- 
formed to  the  Act  of  June  9,  1891,  was  held  valid. 

37  Act  May  25,  1897,  P.  L.  91,  3  P.  &  L.  Dig.  442. 

38  See  also  Act  April  23,  1903,  P.  L.  282.  Act  Feb.  13,  1901,  P.  L.  8,  4 
P.  &  L.  Dig.  1310;  Act  April  19,  1901,  P.  L.  80,  4  P.  &  L.  Dig.  1310. 

39  Com.  vs.  Weir,  15  Pa.  C.  C.  425. 


EXPENDITURES.  1 73 

sion.'**'  After  the  electors  have  authorized  a  debt,  no  inquiry 
will  be  made  into  their  motives,  or  into  any  misrepresentations 
by  which  their  assent  was  secured. ''^ 

Act  of  April  20,  1874,  Continued. 

170.  The  fourth  section  of  the  Act  of  April  20,  1874,'*^  was 
amended  by  the  Act  of  April  18,  1895,^*^  and  again  by  the  Act 
of  May  II,  1897,*^  as  follows: 

"Whenever,  by  the  returns  of  such  election,  it  shall  appear 
that  there  is  a  majority  voting  for  'no  increase  of  debt,'  such  in- 
crease shall  not  be  made.  Nor  shall  any  other  election  upon 
the  same  subject  be  held  in  that  municipality  for  one  year  from 
the  date  of  such  preceding  election.  If  the  return  of  such  elec- 
tion shall  show  a  majority  voting  'that  debt  may  be  increased,' 
the  corporate  authorities  of  the  municipality  may  increase  the 
same  to  the  amount  named  and  specified  in  the  notice  given  for 
the  holding  of  such  election,  not  exceeding  seven  per  centum  of 
the  last  assessed  valuation  of  such  municipality  in  the  manner 
and  subject  to  all  the  requirements  provided  by  the  second 
section  of  this  act  for  increasing  indebtedness,  to  an  amount 
not  exceeding  two  per  centum  of  the  last  assessed  valuation, 
including  the  amount  named  in  the  sworn  statement  to  be  filed 
in  the  office  of  the  court  of  quarter  sessions  of  the  proper 
county ;  and  they  shall,  before  issuing  any  obligations,  therefor, 
assess  and  levy  an  annual  tax,  the  collection  whereof  shall  com- 
mence the  first  year  after  the  said  increase,  which  tax  shall  be 
equal  to  and  sufficient  for  and  applied  exclusively  to  the  pay- 
ment of  the  interest  and  the  principal  of  such  debt  within  a 
period  not  exceeding  thirty  years  from  the  date  of  such  in- 

40  Bloomsburg  Town  Election,  18  Pa.  C.  C.  449,  4  D.  R.  671. 

41  Howard's  Appeal,  162  Pa.  374.  It  was  here  alleged  that  the  voters 
believed  that  the  money  secured  was  to  be  used  for  street  improvements, 
whereas  it  was  intended  to  be  spent  by  councils  in  erecting  water  works. 

42  Act  April  20,  1874,  P.  L.  65,  i  P.  &  L.  Dig.  569. 

43  Act  April  18,  1895,  P.  L.  36. 

44  Act  May  11,  1897,  P.  L.  53,  3  P.  &  L.  Dig.  440. 


174  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

crease;  and  the  moneys  arising  from  such  tax  shall  be  applied, 
at  such  periods  as  the  municipality  may  stipulate  in  such  obli- 
gations, to  the  redemption,  at  par,  of  the  said  outstanding  ob- 
ligations according  to  their  terms." 

Under  the  Act  of  April  i8,  1895,  it  was  held  that  the  munici- 
pality could  increase  its  debt  by  vote  of  the  people  to  only  two 
per  centum  at  any  time.^^ 

Act  of  April  20,  1874,  Continued. 

171.  "The  existing  indebtedness  of  any  such  municipality 
evidenced  by  outstanding  bonds  or  certificates  of  indebtedness 
heretofore  issued,  may  be  provided  for  as  the  same  shall  ma- 
ture, by  a  re-issue  of  bonds  or  certificates  of  indebtedness  to 
the  holders  of  said  outstanding  bonds  or  certificates,  or  by  the 
issue  and  sale  at  not  less  than  par  of  new  bonds  or  certificates ; 
and  the  present  floating  indebtedness  of  any  such  municipality, 
may  be  funded  by  the  issue  and  sale  at  not  less  than  par  of 
bonds  or  certificates  of  indebtedness  in  sums  not  less 
than  one  hundred  dollars  each:  Provided,  That  no  such 
bonds  or  certificates  shall  be  issued  for  a  longer  period  than 
thirty  years  from  the  date  thereof;  and  it  shall  be  the  duty  of 
the  proper  corporate  authorities  of  such  municipality  to  pro- 
vide for  the  payment  of  principal  and  interest  of  all  such  bonds, 
in  the  manner  pointed  out  in  the  fourth  section  of  this  act."  ^® 

Exchanging  Securities. 

172.  The  Act  of  April  14,  1881,^^  amended  by  the  Act  of 
March  i,  1899,^^  enacts  that  when  any  county,  city,  borough, 
etc.,  has  issued  bonds  or  other  interest-bearing  evidences  of  in- 
debtedness, with  or  without  coupons,  such  county,  city,  bor- 
ough, etc.,  may  redeem  or  pay  off  any  or  all  of  the  bonds  or 
other  interest-bearing  evidences  of  indebtedness,  when  these 

45  Sener  vs.  Ephrata  Borough,  176  Pa.  8. 

46  Act  April  20,  1874,  P.  L.  65,  Sec.  7,  i  P.  &  L.  Dig.  570. 

47  Act  April  14,  1881,  P.  L.  ID. 

48  Act  March  i,  1899,  P-  L-  6,  4  P.  &  L.  Dig.  131 1. 


EXPENDITURES.  1/5 

have  matured,  but  remain  unpaid  or  are  about  to  become  pay- 
able, or  when  the  county,  city,  borough,  etc.,  has  the  option  to 
redeem  or  pay  them  or  whenever  the  holders  of  unmatured 
bonds  are  willing  to  surrender  the  whole  or  part  of  the  issue. 
For  this  purpose  the  county,  city,  borough,  etc.,  may  issue  and 
sell  registered  or  coupon  bonds,  either  with  or  without  coupons, 
bearing  interest  not  exceeding  the  rate  which  the  issue  to  be 
refunded  bears,  redeemable  at  the  option  of  the  county,  city, 
borough,  etc.,  in  five  years  and  payable  at  a  time  not  exceeding 
thirty  years  from  their  date  and  not  exceeding  in  the  aggregate 
the  amount  of  the  bonds  or  other  evidences  of  indebtedness  so 
redeemed  or  paid.  These  new  bonds  are  exempted  from  taxa- 
tion except  for  State  purposes.  All  moneys  for  the  redemption 
of  the  issue  of  bonds  proposed  to  be  refunded,  placed  in  the 
sinking  fund,  if  any,  shall  be  first  applied  to  the  payment,  as 
far  as  applicable,  of  the  principal  of  such  bonds,  and  the  bal- 
ance of  such  issue  only  shall  be  redeemed  by  the  issue  of  new 
bonds. 

The  second  section  of  the  Act  of  1881  provided  that  the 
bolder  of  any  of  the  bonds  or  evidences  of  indebtedness  to  be 
superseded  shall  first  have  the  right  to  surrender  them  and  to 
accept  new  bonds.  Of  this  right  notice  by  publication  was  to 
be  given  for  three  weeks  in  at  least  one  newspaper  published 
in  the  county  before  any  new  bonds  should  be  sold.  But  this 
legislation  was  repealed  by  the  Act  of  March  i,  1899."*^ 

statement  of  Indebtedness. 

173.  "The  corporate  authorities  of  every  such  municipality 
or  district  shall,  annually,  in  the  month  of  January,  prepare 
and  publish  in  at  least  two  newspapers  of  said  municipality,  or 
of  the  county  in  which  the  same  is  situate,  if  so  many  be  printed 
therein,  a  statement  showing  in  detail  the  actual  indebtedness, 
the  amount  of  the  funded  debt,  the  amount  of  the  floating  debt 
thereof,  the  valuation  of  taxable  property  therein,  the  assets 

49  Act  March  i,  1899,  P.  L.  6,  Sec.  2,  4  P.  &  L.  Dig.  1312. 


176  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

of  the  corporation,  with  the  character  and  nature  thereof,  and 
the  date  of  maturity  of  the  respective  forms  of  funded  debt 
thereof,  and  a  neglect  or  failure  so  to  do  shall  be  a  misde- 
meanor, punishable  by  fine  not  exceeding  one  thousand  dol- 
lars." ^« 

Ratifying  Increases. 

174.  By  the  Act  of  May  19,  1897,^^  bonds  issued  by  munici- 
palities in  excess  of  two  per  centum,  since  April  18,  1895,  were 
ratified  and  made  valid  obligations  according  to  their  tenor. 

By  the  Act  of  May  25,  1897,^^  indebtedness  incurred  since 
June  19,  1 89 1,  where  the  assent  of  the  electors  had  been  ob- 
tained, and  the  vote  duly  certified  and  counted,  and  improve- 
ments made  and  debt  incurred  in  good  faith  on  the  strength 
thereof,  was  validated,  though  the  form  of  ballot  was  improper. 

By  the  Act  of  June  23,  1897,^^  elections  were  approved,  al- 
though notice  of  the  election  therefor  was  not  published  in  the 
newspapers  in  the  said  district,  but  in  three  papers  of  the  county 
of  general  circulation  in  the  district  in  which  said  election 
was  held,  if  notice  was  given  by  hand  bills  as  required  by  law. 

By  the  Act  of  February  13,  1901,^'*  defects  in  time  or  man- 
ner of  calling  the  election,  in  the  form  of  ballot,  or  mode  of 
conducting  the  election,  were  condoned,  and  the  increase 
validated.^^ 

By  the  Act  of  April  19,  1901,^^  elections  held  after  June  19, 
1 89 1,  were  ratified,  where  the  assent  of  the  electors  was  ob- 
tained, and  the  vote  was  duly  returned  and  counted. 

By  the  Act  of  April  23,   1903,^'^  like  provision  was  made 

50  Act  April  20,  1874,  Sec.  6.  Amended  so  as  to  read  "at  the  end  of  their 
fiscal  year"  by  Act  of  April  12,  1875,  P.  L.  46,  Sec.  6,  i  P.  &  L.  Dig.  570. 

51  Act  May  19,  1897,  P.  L.  76,  Sec.  i,  3  P.  &  L.  Dig.  442. 

52  Act  May  25,  1897,  P.  L.  91,  3  P.  &  L.  Dig.  441. 

53  Act  June  23,  1897,  P.  L.  201,  3  P.  &  L.  Dig.  442. 

54  Act  Feb.  13,  1901,  P.  L.  8,  4  P.  &  L.  Dig.  1310. 

55  See  also  the  Act  of  June  4,  1901,  P.  L.  363,  4  P.  &  L.  Dig.  1310. 

56  Act  April  19,  1901,  P.  L.  80,  4  P.  &  L.  Dig.  1310. 

57  Act  April  23,  1903,  P.  L.  282. 


EXPENDITURES.  1 77 

though  there  were  defects  in  the  l^allots,  and  though  general 
official  ballots  were  used,  instead  of  separate  ones. 

By  the  Act  of  April  23,  1903,^*^  indebtedness  incurred  since 
April  20,  1874,  in  townships  of  the  second  class,  not  exceeding 
two  per  centum  of  the  valuation,  for  the  repairs  of  roads  or  the 
purchase  of  machinery,  for  which  evidences  of  indebtedness 
have  been  issued  and  taxes  levied,  are  declared  valid. 

58  Act  April  23,  1903,  P.  L.  279. 


CHAPTER  XIX. 


TAXATION. 


175.  Assessment  of  tax.  182.  Making  roads  or  bridges. 

176.  Basis  of  levy.  183.  Contract   with   petitioners. 

177.  Special   taxes   under  the  Act  184.  General  road  system  tax. 

of  1835.  185.  Liquor  license  fees. 

178.  Special  tax  under  the  Act  of  185a.  Income  from  forests. 

1864.  186.  Dog  tax. 

179.  Road  taxes.  187.  Exonerations. 

180.  Cash  road  tax.  188.  Penalty   for   non-payment   of 

181.  Rebates.  taxes. 

(a)  Rebate  for  planting  trees.  189.  Returns. 

(b)  Rebate  for  forests. 

Assessment  of  Tax. 

175.  "It  shall  be  lawful  for  the  supervisors  of  any  township 
to  lay  a  rate  or  assessment  not  exceeding  one  cent  on  the 
dollar  upon  real  and  personal  estate,  offices,  trades  and  occupa- 
tions for  the  purpose  of  laying  out,  opening,  making,  amend- 
ing or  repairing  of  roads  and  highways  and  for  the  making  or 
repairing  of  bridges,  and  for  such  other  purposes  as  may  be 
authorized  by  law."  ^  The  township's  assessors  shall  aid  in 
this  work,  and  for  this  purpose  shall  furnish  a  correct  copy 
of  the  last  adjusted  valuation  in  the  township.^ 

The  rates  or  assessments  laid  are  to  be  entered  in  books  pre- 
pared for  that  purpose  and  deposited  with  the  town  clerk,  if 
there  be  one;  but  if  not,  it  shall  remain  with  the  supervisor, 
and  any  inhabitant  or  person  charged  within  the  township  is 

1  Act  April  15,  1834,  P.  L.  509,  Sec.  25,  2  P.  &  L.  Dig.  4595. 

2  Act  April  15,  1834,  P.  L.  509,  Sec.  28,  2  P.  &  L.  Dig.  4596. 

178 


TAXATION.  179 

entitled  to  inspect  the  same  without  cost,  and  shall  be  furnished 
a  copy  upon  demand  upon  the  payment  of  ten  cents  for  every 
twenty-four  names.  ^  The  books  for  this  purpose  are  to  be 
furnished  by  the  supervisors."*  If  the  assessment  is  not  so  en- 
tered it  has  been  held  to  be  void.^  But  in  Kitchen  vs.  Smith  ^ 
it  was  said  that  such  provision  was  merely  directory,  and  that 
the  validity  of  the  tax  did  not  rest  on  it.  Duplicates  of  the 
assessments  shall  be  signed  by  the  supervisors,  and  they  shall 
issue  their  warrants  with  such  duplicate  to  the  collector  of  rates 
and  levies.'''  The  duplicates  shall  be  delivered  to  the  tax  col- 
lectors.^ The  Act  of  April  15,  1834,^  had  previously  directed 
the  issue  of  the  warrant  to  the  township's  treasurer,  if  such 
officer  existed.  Otherwise  the  supervisors  could  collect  them- 
selves, or  appoint  another.^ ^  They  may  now  collect  the 
road  taxes  not  worked  out,  themselves,  or  place  their  warrant 
for  such  collection  in  the  hands  of  the  township's  collector,, 
but  they  cannot  give  the  same  to  a  third  party.^^ 

Basis  of  Levy. 

176.  The  assessment  laid  for  township  purposes  is  to  be 
levied  upon  the  basis  of  the  last  adjusted  valuation  made  for 
the  purpose  of  regulating  county  rates. ^^  If  this  is  done  the 
taxpayer  cannot  object  to  the  valuation  as  raised  by  the  county 
commissioners,  if  he  has  failed  to  appeal  from  their  assess- 
ment.^^    During  the  pendency  of  the  appeal,  the  tax  is  to  be 

3  Act  April  15,  1834,  P.  L.  509,  Sec.  29,  2  P.  &  L.  Dig.  4596. 

4  Laubach  vs.  Dodson,  i  Kulp.  83. 

5  Laubach  vs.  Dodson,  i  Kulp  83. 

6  Kitchen  vs.  Smith,  loi   Pa.  452. 

7  Act  April  15,  1834,  P.  L.  509,  Sec.  33,  2  P.  &  L.  Dig.  4600. 

8  Act  June  25,  1885,  P.  L.  187,  Sec.  4,  2  P.  &  L.  Dig.  4604. 

9  Act  April  15,  1834,  P.  L.  509,  Sec.  39,  2  P.  &  L.  Dig.  4600. 

10  See  also  Act  March  29,  i860,  P.  L.  337,  Sec.  i,  2  P.  &  L.  Dig.  4601 ; 
Roche  vs.  Sommers,  3  Luz.  Law  Times  (N.  S.)  73. 

11  Magill  vs.  Hellyer,  2  D.  R.  644,  s.  c.  13  Pa.  C.  C.  257. 

12  Act  April  15,  1834,  P.  L.  509,  Sec.  27,  2  P.  &  L.  Dig.  4596. 

13  Stewart  vs.  Maple,  70  Pa.  221. 


l80  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

paid  on  the  revised  valuation,  but  if  it  is  determined,  that  fixed 
by  the  court  becomes  the  true  assessment.^'* 

From  the  rate  as  fixed  by  the  supervisors,  any  party  ag- 
grieved may  petition  the  next  court  of  quarter  sessions  for  re- 
lief. A  bond  in  such  case  shall  be  given  by  the  appellant  in  the 
name  of  the  township,  and  if  deemed  expedient,  the  court  may 
stay  all  proceedings  for  the  collection  of  the  sum  with  which 
such  person  stands  charged  until  the  appeal  is  determined.^  ^ 
Since  an  appeal  has  been  provided,  the  court  will  not  enjoin 
because  of  an  excessive  valuation.^^  Jurisdiction  under  this 
legislation  is  limited  to  road  and  poor  taxes  levied.  The  court 
of  quarter  sessions  has  therefore  no  jurisdiction  on  an  appeal 
from  the  action  of  a  school  board  in  levying  and  collecting 
taxes. ^'^  Nor  would  it  have  in  the  case  of  an  assessment  made 
by  virtue  of  the  Act  of  February  28,  1835,  for  the  purpose  of 
discharging  debts  due  former  supervisors.^^ 

If  the  tax  has  been  assessed  and  is  payable  to  a  township  be- 
fore its  division,  the  sum  received  by  the  county  treasurer  from 
the  sale  of  unseated  land  and  due  to  the  township  is  to  be  paid 
to  the  old  township,  though  the  land  assessed  is  in  the  new 
one.-^® 

Special  Taxes  Under  Act  of  1835. 

177.  By  the  Act  of  February  28,  1835,^'^  the  supervisors 
of  the  township  are  given  power  to  levy  a  rate  or  assessment, 
and  collect  the  same,  for  the  purpose  of  discharging  any  just 
debt  due  a  former  supervisor  or  overseer  of  the  poor.^^  Such 
assessments  must  be  made  by  the  supervisors  themselves,  and 

14  Plains  Township's  Appeal,  21  Pa.  Sup.  68. 

15  Act  April  IS,  1834,  P.  L.  509,  Sees.  36,  37  and  38,  2  P.  &  L.  Dig.  4600. 

16  Manor  Real  Estate  Co.  vs.  Cooner,  13  D.  R.  83. 

17  Smith  vs.  Middle  Smithfield  School  District,  7  Pa.  C.  C.  256. 

18  Dunne  vs.  Degan,  43  Pa.  334;  see  also  Delaware  &  Hudson  Canal 
Co.  vs.  Walker,  2  Luz.  L.  R.  127. 

19  Barnett  Township  vs.  Jefferson  County,  9  Watts  166. 

20  Act  Feb.  28,  183s,  P.  L.  45,  Sec.  7,  2  P.  &  L.  Dig.  459s. 

21  Delaware  &  Hudson  Canal  Co.  vs.  Walker,  2  Luz.  L.  Reg.  127. 


TAXATION.  lOl 

overseers  of  the  poor  would  have  no  such  power.^^  The  right 
to  so  levy  is  vested  directly  in  the  supervisors,  and  no  application 
to  court  is  required.^^  The  tax  is  to  be  levied  in  addition  to  the 
regular  assessment  for  township  purposes,  as  provided  by  the 
twenty-fifth  section  of  the  Act  of  April  15,  1834,^^  And  can 
only  be  assessed  to  pay  indebtedness  due  to  the  individual  men- 
tioned, and  not  to  satisfy  claims  of  outside  parties  from  whom 
the  supervisors  or  auditors  have  borrowed  money.^^  For  the 
purposes  designated  in  the  act,  the  supervisors  may  be  com- 
pelled by  mandamus  to  make  the  necessary  levy.^^  In  deter- 
mining the  existence  of  such  indebtedness  a  judgment  ob- 
tained by  the  supervisors  is  conclusive  as  to  the  township's  lia- 
bility.^''^ No  right  is  given  to  the  taxpayer  to  work  out  this 
tax,  or  to  appeal  from  the  assessment  of  it.^^ 

Special  Tax  Under  the  Act  of  1864. 

178.  By  the  Act  of  March  31,  1864,^^  the  court  of  quarter 
sessions  is  given  jurisdiction  to  order  the  levy  of  a  special  tax 
when  it  is  made  to  appear  that  the  debts  due  by  the  township 
exceed  the  amount  which  the  supervisors  may  collect  in  any 
year  by  taxation  as  at  present  regulated,  or  when  the  proper 
officer  refuses  to  levy  a  tax  for  the  purposes  set  forth  in  seventh 
section  Act  25th  of,  February,  1835.  It  is  the  duty  of  the 
court  in  such  case  to  ascertain  the  amount  of  indebtedness  and 
to  order  a  tax  sufficient  to  pay  the  same.  If  the  sum  is  so 
great  that  the  court  deems  it  unwise  to  collect  the  entire 

22  Delaware  &  Hudson  Canal  Co.  vs.  Higgins,  2  Luz.  L.  R.  171. 

23  Blanchard  vs.  Tioga  Improvement  Company,  3  Gr.  216.  In  re  In- 
debtedness of  Marcy  Township,  9  Kulp  424. 

24  Act  April  15,  1834,  P.  L.  509,  2  P.  &  L.  Dig.  4595.  In  re  Indebted- 
ness of  Marcy  Township,  9  Kulp  424. 

25  Chanceford  Township  vs.  Craley,  11  D.  R.  724,  s.  c.  15  York  149. 

26  Lehigh  Coal  &  Navigation  Co.'s  Appeal,  112  Pa.  360.  In  re  Indebted- 
ness of  Marcy  Township,  9  Kulp  424. 

27  In  re  Wilkes-Barre  Township,  4  Kulp  83. 

28  Dunne  vs.  Deegan,  43  Pa.  334. 

29  Act  March  31,  1864,  P.  L.  162,  Sec.  i,  2  P.  &  L.  Dig.  4602,  amended  by 
the  Act  of  May  24,  1887,  P.  L.  183. 


l82  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

amount  in  one  year,  it  may  direct  the  same  to  be  levied  and 
collected  by  annual  installments.  In  no  case  shall  the  tax  ex- 
ceed five  mills  in  any  one  year.  The  court  must  have  before  it 
the  amount  of  the  indebtedness  with  a  statement  of  the  valua- 
tion and  classification  of  the  taxable  objects  within  the  town- 
ship, so  that  an  intelligent  and  satisfactory  decree  can  be 
made.^*^  It  must  find  that  there  will  not  be  sufficient  money 
in  one  year  to  pay  the  indebtedness.^^  The  Act  of  1864  pre- 
supposes that  the  total  amount  of  the  debt  has  been  previously 
ascertained  by  auditor's  settlement,  judgment  or  otherwise.^^ 
If  a  commissioner  is  appointed  to  marshall  the  debts,  he  cannot 
try  on  the  merits  the  validity  of  a  claim  contested  before 
him.^^  Judgments  of  the  court  of  common  pleas,  or  rendered 
by  justices  of  the  peace  cannot  be  collaterally  attacked  in  such 
proceedings  in  the  absence  of  jurisdictional  defects.^*  The 
amount  of  the  levy  is  to  be  based  upon  the  assessed  valuation  as 
revised  and  equalized  by  county  commissioners,  and  not  upon 
the  return  of  the  assessors  to  the  commissioners.^^  After  the 
indebtedness  is  ascertained,  and  the  rate  fixed,  the  court  may 
direct  the  proper  officer  to  collect  the  special  tax.^^  The  collec- 
tion may  be  enforced  by  mandamus.^'''  It  would  seem  that  tax- 
payers could  not  intervene  in  such  proceedings,  since  this  right 
is  limited  by  Act  of  March  23,  1877,^^  to  proceedings  in  the 
common  pleas.^^  Appeals  may  be  taken  from  the  decree  en- 
tered by  the  court,  but  in  such  case  nothing  is  brought  up  for 
review  except  the  regularity  of  the  proceedings.^*^ 

30  Brown  vs.  Rush  Township  No.  i,  18  Pa.  C.  C,  394,  s.  c.  5  D.  R.  517. 

31  Brown  vs.  Rush  Township  No.  2,  18  Pa.  C.  C.  397,  5  D.  R.  518. 

32  Lehigh  Coal  &  Navigation  Co.'s  Appeal,  112  Pa.  360. 

33  In  re  Lackawanna  Township,  15  York  202,  s.  c.  8  Lack.  L.  News  113. 

34  Plains  Township  Appeal,  206  Pa.  556,  affirming  21  Pa.  Sup.  68. 

35  Plains  Township's  Appeal,  21  Pa.  Sup.  68. 

36  In  re  Lackawanna  Township,  8  Lack.  L.  News  113,  s.  c.  15  York  202. 

37  Lehigh  Coal  &  Navigation  Company's  Appeal,  112  Pa.  360. 

38  Act  March  23,  1877,  P.  L.  20,  i  P.  &  L.  Dig.  1000. 

39  Lehigh  Coal  &  Navigation  Company's  Appeal,  112  Pa.  360. 

40  Plains  Township's  Appeal,  206  Pa.  556. 


TAXATION.  183 

The  tax  is  to  be  collected  by  the  proper  officer.  Since  the 
Act  of  June  25,  iSSs,"*^  this  would  be  the  tax  collector.  From 
him  a  special  bond  may  be  required.'^"  For  his  services  he  is 
entitled  to  a  commission  of  five  per  cent.  ^^  The  sum  collected 
is  payable  to  the  township  treasurer,  if  such  exists,^^  or  other- 
wise to  the  supervisors.  The  court  has  no  power  to  appoint  a 
receiver  for  the  funds  collected.^^  Such  officer  is  not  entitled 
to  commissions  on  the  fund."^^  In  the  payment  of  the  indebt- 
edness, the  amount  ascertained  by  the  court  to  be  due,  is  the 
sum  payable.  So  where  the  tax  was  levied  to  pay  a  debt  with 
interest  to  a  certain  date,  the  treasurer  cannot  be  compelled  by 
mandamus  to  pay  interest  to  the  date  of  payment.^'^  When  the 
creditor  has  been  paid,  the  court  has  no  power  to  compel  him  to 
appear  and  enter  satisfaction  upon  the  record.  This  should 
appear  by  the  return  of  the  officers  to  the  mandamus.^^ 

Koad  Taxes. 

179.  The  supervisors  are  authorized  to  make  an  assessment 
for  the  purpose  of  laying  out,  opening,  making  or  the  repair- 
ing of  roads  and  highways. ^^  Such  tax  is  a  public  one  within 
the  meaning  of  the  ninth  section  of  the  Act  of  June  13,  1836, 
providing  that  a  pauper  may  secure  a  settlement  by  the  pay- 
ment of  a  tax  for  two  successive  years. ^^  The  assessment  is  to 
be  based  upon  the  last  valuation  unless  the  supervisors  receive 
notice  of  a  successful  appeal  from  it.^^  The  real  estate  of  the 
directors  of  the  poor  is  exempt,  though  an  act  provides  that  the 


41  Act  June  25,  1885,  P.  L.  187,  Sec.  4,  2  P.  &  L.  Dig. 

42  Act  May  25,  1878,  P.  L.  150,  P.  &  L.  Dig.  4604. 

43  Breisch  vs.  Brennan,  15  Phila.  641,  s.  c.  i  Walker  522. 

44  In  re  Foster  Township,  7  Kulp  21,  s.  c.  2  D.  R.  415. 

45  In  re  Foster  Township,  2  D.  R.  415,  s.  c.  7  Kulp  21. 

46  Brennan's  Appeal,  i  Walker  522,  s.  c.  15  Phila.  641. 

47  In  re  Plains  Township,  7  Kulp  234. 

48  In  re  Marcy  Township,  10  Kulp  43. 

49  Act  April  IS,  1834,  P.  L.  509,  Sec.  25,  2  P.  &  L.  Dig.  4595. 

50  Overseers  of  Houston  Twp.  vs.  Overseers  of  Benezette  Twp.,  135  Pa. 

393- 

51  Birmingham  Twp.  vs.  Brandywine  Summit  Kaolin  Co.,  S  Del.  Co.  378. 


184  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

real  estate  of  the  county  shall  be  liable.^^  The  road  tax  is  pay- 
able by  the  owner  of  the  real  estate/'^  But  a  wife  is  not  consid- 
ered an  occupant  of  the  land,  while  the  husband  is  residing 
upon  the  same,  so  as  to  render  her  separate  property  liable  for 
road  tax  assessed  and  levied  against  him.^^  The  tax  is  to  be 
levied  at  the  beginning  of  the  year  and  not  at  the  end.^^  The 
amount  is  fixed  by  the  supervisors  and  their  discretion  cannot 
be  controlled  by  the  court  so  long  as  the  rate  does  not  exceed 
the  amount  allowed  by  law.^^  But  the  supervisors  will  not  be 
compelled  by  mandamus  to  levy  a  road  tax  where  the  taxpay- 
ers have  voluntarily  provided  funds  and  paid  for  all  necessary 
work.^''^ 

Before  issuing  a  duplicate  or  warrant  for  the  collection  of 
road  taxes,  it  is  the  duty  of  the  supervisors  of  every  township 
to  give  notice  to  all  persons  rated  for  such  taxes,  by  adver- 
tisement or  otherwise,  to  attend  at  such  times  and  places  as  the 
supervisors  may  direct,  so  as  to  give  said  persons  full  oppor- 
tunity to  work  out  their  respective  taxes.^^  The  opportunity 
to  work  out  the  taxes  is  a  condition  precedent  to  a  collection  by 
legal  process.^^  If  the  persons  assessed  are  not  residents,  the 
supervisors  may  give  notice  by  advertisement.^"  The  super- 
visors have  no  power  to  enter  into  any  contract  which  will  de- 
prive the  taxpayer  of  any  privilege  to  so  work  it  out.®^  The 
tax  may  be  worked  out  by  the  construction  of  a  macadamized 
road  under  the  direction  of  the  supervisors.®^     But  the  tax- 

52  Cumru  Township  vs.  Directors  of  the  Poor  of  Berks  Co.,  112  Pa.  264. 

53  Miller  vs.  Gorman,  38  Pa.  309. 

54  Ferguson  vs.  Moore,  5  Pa.  Sup.  349. 

55  Williams  vs.  Wright,  6  Pa.  C.  C.  497;  Shaeffer  vs.  Shaeffer,  7  Lane. 
L.  R.  307. 

56  Hummel's  Petition,  2  Pearson  454. 

57  Com.  vs.  Crane,  5  Pa.  C.  C.  421. 

58  Act  April  15,  1834,  P.  L.  509,  Sec.  34,  2  P.  &  L.  Dig.  4597. 

59  See  Ferguson  vs.  Moore,  5  Pa.  Sup.  349. 

60  Miller  vs.  Gorman,  38  Pa.  309. 

61  Childs  vs.  Brown  Township,  40  Pa.  332. 

62  Vandegrift's  Appeal,  4  Del.  Co.  113. 


TAXATION.  185 

payer  must  obey  the  call  of  the  supervisor,  and  has  no  privilege 
to  choose  his  own  time  and  place  for  doing  the  work.^^  Re- 
lief will  not  be  granted  where  he  has  made  no  demand  for  op- 
13ortunity  to  work  until  long  after  the  notice  to  so  do  has  been 
given  to  him.®* 

The  supervisor  will  not  be  compelled  to  deliver  to  the  tax 
collector  the  duplicate  of  the  road  taxes.  The  Act  of  June  25, 
1885,  refers  to  only  such  taxes  as  remain  and  become  collectible 
after  the  taxpayers  have  worked  out  as  much  as  they  elect.®^ 
And  the  supervisors  may  collect  themselves. ^^  The  warrant 
cannot  issue  where  there  has  been  no  notice  or  bona  fide  oppor- 
tunity given  to  work  out  the  taxes;^^  And  the  work  may  be 
done  by  the  tenants  on  the  land,  if  they  so  offer.^®  Where  the 
warrant  is  regularly  issued  the  tax  collector  is  authorized  to  sell 
by  the  Act  of  May  22,  1895.®^  I^  unseated  lands,  chargeable 
with  road  tax,  are  sold  by  the  county  commissioners  the  sum 
due  the  township  becomes  payable  upon  the  date  of  the  sale; 
and  if  not  enough  is  received  to  pay  both  the  county  and  the 
township,  each  is  entitled  to  its  proportion.''^  If  there  has  been 
a  failure  to  furnish  the  opportunity  to  work  out  the  tax,  the 
collector  may  be  restrained  by  injunction  from  collecting  it 
in  money. '^^  But  the  injunction  will  not  be  granted  where  the 
taxpayer  is  in  default.'^^    Nor  to  restrain  until  a  credit  is  given, 

63  Cresswell  vs.  Montgomery,  13  Pa.  Sup.  87;  Utt  vs.  Yocum,  8  Luz. 
L.   R.   277. 

64  Williams  vs.  Wright,  6  Pa.  C.  C.  497. 

65  Magill's  Case,  13  Pa.  C.  C.  257. 

66  Cresswell  vs.  Montgomery,  13  Pa.  Sup.  87. 

67  Coal  Co.  vs.   Kelley,  2  Kulp  41. 

68  Miller  vs.  Gorman,  38  Pa.  309. 

69  Act  May  22,  1895,  P.  L.  iii;  see  Rice  vs.  Burns,  9  Pa.  Sup.  58; 
Pearce  vs.  Torrence,  2  Gr.  82. 

70  Township  of  Rush  vs.  Schuylkill  County,  100  Pa.  356. 

71  Miller  vs.  Gorman,  38  Pa.  309;  R.  R-  Co.  vs.  O'Hara,  I  Lane.  L.  R. 

147. 

72  Williams  vs.  Wright,  6  Pa.  C.  C.  497;  Black  vs.  Boyd,  155  Pa.  163; 

Alderfer  vs.  Snyder,  2  Montg.  Co.  53. 


l86  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

where  such  is  not  properly  allowable.'''"  If  the  relief  is  proper, 
supervisors  may  also  be  enjoined  from  incurring  debts  to  an 
amount  greater  than  the  cash  to  be  received.'^*  Where  a  set- 
tlement has  been  made  between  the  taxpayer  and  the  supervisor 
of  the  taxes  in  contention,  after  an  action  before  a  justice  of 
the  peace,  the  township  will  be  estopped  from  bringing  a  sub- 
sequent suit  for  the  same."^^  Neither  the  township  treasurer, 
nor  the  collector  is  entitled  to  commissions  on  such  road 
taxes  as  are  worked  out.'^®  The  sum  received  is  to  be 
used  for  the  purposes  mentioned  in  the  act.  Only  such  as  is 
surplus  is  applicable  to  the  payment  of  other  indebtedness.'^'^ 
Where  a  proportion  of  the  road  tax  is  made  payable  by  Act  of 
Assembly  to  a  commission  appointed  for  the  building  of  a  State 
road,  until  the  same  is  completed,  no  portion  of  such  tax  can  be 
used  for  such  purpose  after  its  completion,  though  a  part  of  the 
debt  remains  unpaid. '^^ 

Cash  Eoad  Tax. 

1 80.  Townships  are  authorized  to  levy  cash  road  taxes  to 
meet  the  cost  of  permanent  road  improvements  as  provided  for 
by  the  Act  of  April  15,  1903.'^^ 

Bebates. 

181.  The  Act  of  June  25,  1885,  authorizing  a  reduction  of 
five  per  cent,  from  township  taxes  paid  within  sixty  days,  does 
not  include  road  taxes.^*^    By  the  Act  of  April  24,  1901,^^  sup- 


72  Porter  Township  Road,  i  Walker  10. 

74  Coxe  vs.  Sweeney,  10  Pa.  C.  C.  289. 

75  French  Creek  Township  vs.  Moore,  165  Pa.  229. 

76  Brennan's  Appeal,  i  Walker  522,  sub  nom.;  Breisch  vs.  Brennan,  15 
Phila.  641. 

yy  Lydon  vs.  Lackawanna  Township,  4  Lack.  Jur.  33;  Larimer  vs.  Pitt 
Township,  2  Pitts.  352. 

78  Lumber  Township  vs.  Cameron  County,  134  Pa.  105. 

79  Act  April  IS,  1903,  P.  L.  188,  Sec.  8. 

80  Kemmerer  vs.  Foster  Township,  120  Pa.  153. 

81  Act  April  24,  1901,  P.  L.  99,  4  P.  &  L.  Dig.  1473. 


TAXATION.  1 87 

planting  the  Act  of  June  25,  1895,^-  a  rebate  is  allowed  of  one- 
fourth  of  the  assessed  highway  tax  (provided  such  rebate  shall 
not  exceed  in  any  one  year  five  days'  labor  on  the  highways 
for  road  or  highway  tax,  or  its  equivalent  in  cash,  to  any  one 
person),  where  the  taxpayer  shall  only  use  draft  wagons  on  the 
public  highways  with  tires  not  less  than  four  inches  in  width 
for  hauling  loads  of  not  less  than  2,000  pounds  weight.  This 
rebate  is  allowable,  notwithstanding  the  taxpayer  owns  wagons 
having  tires  of  less  width,  provided  he  does  not  carry  two  thou- 
sand pounds  in  such  wagons.^^  A  tenant,  who  has  contracted 
to  pay  the  road  taxes,  may  also  secure  the  benefits  of  this  legis- 
lation. In  all  cases  an  affidavit  as  to  the  facts  must  be  made. 
The  supervisor  may  administer  the  requisite  oath.^^*  If  loads 
of  more  than  10,000  pounds  are  carried  in  wagons  having  tires 
of  a  less  width  than  four  inches,  the  person  so  doing  is  liable 
to  a  fine  of  $5.00  for  each  offence,  the  funds  so  received  being 
used  for  road  purposes.^^ 

(a)  Rebate  for  Planting  Trees. 

By  the  Act  of  July  2,  1901,^^  supplanting  the  Act  of 
May  2,  1879,^^  owners  of  property,  subject  to  road  tax,  are 
entitled  to  an  abatement  of  $1.00  for  every  two  trees  of  suitable 
size  set  along  a  road  which  runs  through  or  adjoins  cultivated 
fields.  Such  abatement  shall  not  be  for  a  greater  sum  in  any 
one  year  than  one-fourth  of  the  road  tax.  It  is  to  be  granted 
for  the  planting  of  new  trees  or  for  trees  already  growing  or 
for  trees  transplanted,  to  take  the  place  of  those  which  have 
died.  No  row  of  elms  shall  be  placed  nearer  than  seventy  feet; 
no  row  of  maples  or  other  forest  trees  nearer  than  fifty  feet,  ex- 
cept locusts  and  Carolina  poplars,  which  may  be  set  thirty  feet 
apart,  and  except  fruit  trees,  which  may  be  set  forty  feet  apart. 

82  Act  June  25,  1895,  P.  L.  288. 

83  Highway  Tax  Rebate,  5  D.  R.  208,  s.  c.  17  Pa.  C.  C.  517. 
83*  Act  April  24,  1901,  P.  L.  99,  4  P.  &  L.  Dig.  1473- 

84  Act  April  24,  1901,  P.  L.  99,  Sec.  2,  4  P.  &  L.  Dig.  1473. 

85  Act  July  2,  1901,  P.  L.  610,  4  P.  &  L.  Dig.  1474. 

86  Act  May  2,  1879,  P-  L-  47,  2  P.  &  L.  Dig.  4703. 


l88  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

The  allowance  is  not  to  be  made  unless  the  trees  have  been  set 
cut  the  year  preceding  to  the  demand,  and  are  living  and  well 
protected  from  domestic  animals  at  the  time  of  such  demand. 
The  supervisors  are  required  to  keep  a  permanent  record  in  a 
book  especially  prepared  for  that  purpose  of  all  the  trees  upon 
which  the  said  abatement  has  been  granted.  And  if  any  such 
are  removed,  the  date  thereof  is  to  be  distinctly  entered  in  this 
book.  Should  any  trees  be  negligently  injured  by  horses  or 
other  domestic  animals,  or  be  cut  down,  the  offender  is  subject 
to  a  penalty  of  $5.00  for  each  tree  so  injured.  In  case  there 
is  a  failure  to  pay  after  judgment  is  rendered,  the  offender 
may  be  committed  to  the  county  jail  for  a  period  not  less  than 
one  day  for  each  dollar  of  penalty  imposed  and  the  costs.  The 
owner  of  the  land,  however,  may  remove  such  trees,  on  con- 
dition that  he  immediately  plant  and  maintain  another  tree 
or  trees  in  the  place  of  those  removed  by  him,  or  refund  to  the 
township  the  abatement  allowed. 

(&)  Rebate  for  Forests. 

To  preserve  the  forests  of  the  State  a  rebate  is  allowed 
of  not  more  than  eighty  per  cent,  of  the  taxes  assessed  against 
land  having  at  least  fifty  trees  per  acre  of  eight  inches  in  diam- 
eter six  feet  from  the  ground,  and  provided  that  the  rebate 
shall  not  exceed  forty-five  cents  per  acre.^^  A  judgment  by  a 
justice  for  such  rebate  for  the  aggregate  tax,  estimated  on  the 
average  tax  per  acre,  instead  of  eighty  per  cent,  thereof,  will  be 
reversed.^^ 
Xakiug  Koads  or  Bridges. 

182.  By  the  Act  of  June  13,  1893,^^  taxpayers  may  acquire 

87  Act  April  II,  1901,  P.  L.  TJ,  4  P.  &  L.  Dig.  1472. 

88  Kriebel  vs.  Malsberger,  2  Just.  Law  Rep.  136. 

89  Act  June  12,  1893,  P.  L.  451,  2  P.  &  L.  Dig.  4598.  This  legislation  is 
not  unconstitutional  because  adopted  in  only  certain  townships  of  the  State. 
Lehigh  Valley  Coal  Company's  Appeal,  164  Pa.  44,  reversing  7  Kulp  271 ; 
Phila.  &  Reading  Coal  and  Iron  Co.'s  Petitions,  194  Pa.  248;  For  town- 
ships of  the  first  class,  see  the  Act  of  May  24,  1901,  P.  L.  297,  4  P.  &  L. 
Dig.  917.  The  Act  of  1899  had  repealed  the  Act  of  1893,  as  to  such  town- 
ships ;  Phila.  &  Reading  Coal  and  Iron  Co.'s  Petition,  200  Pa.  352. 


TAXATION.  189 

the  right  to  make  and  repair  the  public  highways  and  bridges 
of  the  township  by  presenting  before  the  beginning  of  any 
township's  fiscal  year,  a  petition  to  the  court  of  quarter  ses- 
sions setting  forth  that  the  petitioner  is  the  owner  of  property 
taxed  for  road  purposes,  giving  the  approximate  number  of 
miles  of  public  roads,  and  stating  the  desirability  of  the  peti- 
tioner's laying  out,  making,  amending  or  repairing  the  public 
highways  and  bridges,  wholly  at  his  or  their  expense,  and  to 
pay  the  other  expenses  of  the  township,  as  hereinafter  pro- 
vided, without  any  claims  against  the  township,  by  reason  of 
the  materials  and  money  so  furnished.  This  petition  shall  be 
accompanied  by  a  bond  in  a  sum  equal  to  five  hundred  dollars 
for  each  and  every  mile  of  public  road  in  the  township,  condi- 
tioned to  save  the  township  harmless  from  any  loss  or  claim  by 
reason  of  any  failure  to  perform  said  duty.  Notice  of  inten- 
tion to  present  the  petition  and  bond,  at  least  ten  days  before 
the  same  are  so  presented,  must  be  given  to  the  supervisor  or 
supervisors  and  auditors  of  the  said  township,  or  to  the  road 
commissioners  of  said  road. 

Contract  with  Petitioners. 

183.  "Upon  said  petition,  bond  and  proof  of  the  notice  re- 
quired in  the  preceding  section  hereof  being  presented  to  the 
said  court,  the  same  shall  be  ordered  to  be  filed,  and  the  court 
being  satisfied  of  the  good  faith  of  the  petitioners  and  the  suffi- 
ciency of  the  petition,  bond  and  notice  shall  order  and  direct 
the  supervisor  or  supervisors  of  such  township  or  road  com- 
missioners of  such  road  district,  on  behalf  of  the  township  or 
road  district  they  represent,  to  enter  into  a  contract  with  the 
said  petitioner  or  petitioners  whereby  the  said  petitioner  or 
petitioners  shall  bind  him,  her  or  itself  or  themselves: 

"I.  To  open,  make,  amend  and  repair  the  public  highways 
and  bridges  of  said  township  or  road  district  for  the  ensuing 
fiscal  year  thereof  in  a  lawful  and  workmanlike  manner,  wholly 
at  the  expense  of  the  said  petitioner  or  petitioners,  and  without 


190  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

creating  thereby  any  claim  upon  or  right  against  said  town- 
ship for  or  by  reason  of  the  materials,  labor  or  money  for  such 
person  employed. 

"II.  To  indemnify  and  save  harmless  the  said  township  or 
road  district  from  all  claim,  damage,  cost  or  expense  of  what- 
ever kind  for  or  by  reason  of  any  act  or  omission  of  said  pe- 
titioner or  petitioners,  whereby  any  claim,  suit  or  other  de- 
mand may  be  set  up  or  recovered  against  said  township  or  road 
district. 

"III.  To  pay,  within  sixty  days  from  the  beginning  of  said 
fiscal  year,  to  the  following  officers  of  such  township  or  road 
district,  the  following  sums  to  be  received  by  said  officers  in 
full  for  all  demands  against  such  township  or  road  district  for 
their  respective  services  as  such  officers  to  said  township  or 
road  district  for  the  fiscal  year  for  which  the  said  contract  is 
made  with  such  petitioner  or  petitioners,  namely :  To  the  town- 
ship clerk,  the  sum  of  fifty  dollars ;  to  each  of  the  auditors  of 
such  township,  the  sum  of  twenty-five  dollars ;  and  to  an  attor- 
ney to  be  elected  by  such  supervisors  or  road  commissioners 
as  counsel  for  said  township  or  road  district,  the  sum  of  fifty 
dollars;  to  each  supervisor  or  road  commissioner,  the  sum  of 
two  hundred  and  fifty  dollars."  ^^ 

In  consideration  of  the  obligation  assumed  the  supervisor  or 
supervisors  or  road  commissioner,  on  behalf  of  such  township 
or  road  district  shall  stipulate  that  said  township  will  not 
assess,  collect  or  levy  any  tax  during  the  fiscal  year,  in  which 
such  contract  is  made.^^  Supervisors  nevertheless  are  re- 
quired to  inspect  the  public  roads,  at  least  once  in  every  month, 
and  if  repairs  be  needed,  they  shall  notify  the  petitioners  to 
make  the  necessary  changes.  In  case  they  fail  to  do  so,  within 
five  days  after  notice,  the  supervisor  is  empowered  to  purchase 
such  material  and  employ  such  men  as  may  be  necessary  to 

90  Act  June  10,  1893,  P.  L.  451,  Sec.  5,  2  P.  &  L.  Dig.  4599- 

91  Act  June  10,  1893,  P.  L.  451,  Sec.  6,  2  P.  &  L.  Dig.  4600. 


TAXATION.  191 

repair  the  said  road,  and  to  charge  the  same  to  the  petitioners.^^ 
Those  employed  may  maintain  an  action  against  the  town- 
ship.»3 

General  Road  System  Tax. 

184.  A  general  system  in  the  construction  of  township  roads 
was  provided  by  the  Act  of  June  23,  1897,^'*  which  regulates 
the  levying  and  collection  of  road  taxes,  for  the  purposes  men- 
tioned in  the  act.  This  legislation,  however,  has  never  become 
effective,  because  of  the  requirement  of  section  21,  that  it 
should  not  operate  until  the  sum  of  one  million  dollars  had  been 
appropriated  by  the  Act  of  Assembly,  or  received  in  the  State 
Treasury  for  taxes  for  road  purposes. 

Liquor  License  Fees. 

185.  Under  the  Act  of  June  9,  1891,^^  amending  the  Act 
of  May  13,  1887,^^  the  county  treasurer  is  the  proper  officer  to 
collect  the  liquor  license  fees.  The  duty  then  devolves  upon 
him  to  pay  over  the  proper  proportion  to  the  proper  municipal- 
ity.^"^ One-half  of  the  fee  paid,  less  the  proportionate  share  of 
the  expense  attending  the  collection  of  it,  is  for  the  town- 
ship. The  money  thus  paid  to  the  township  treasurer  is  to 
be  applied  to  keep  the  road  in  good  repair.^^  The  sum  received 
can  be  applied  to  no  other  purpose  unless  there  be  a  sur~ 
plus.^^  The  fund  is  payable  to  the  township  treasurer,  or  if 
there  is  no  such  officer,  to  the  supervisors.  When  this  has 
been  done,  and  the  auditors  have  charged  the  supervisors,  and 
their  report  is  unappealed  from,  the  sureties  of  the  supervisors 

92  Act  June  10,  1893,  P.  L.  451,  Sec.  2,  2  P.  &  L.  Dig.  4598. 

93  Wilkes-Barre  Twp.  Indebtedness,  8  Kulp  516. 

94  Act  June  23,  1897,  P.  L.  194,  3  P.  &  L.  Dig.  515. 

95  Act  June  9,  189 1,  P.  L.  248,  Sec.  i,  i  P.  &  L.  Dig.  2709. 

96  Act  May  13,  1887,  P.  L.  108. 

97  Kittanning  Borough  vs.  Mast,  15  Pa.  Sup.  51 ;  Liquor  License  Fees, 
6  Pa.  C.  C.  27. 

98  Act  June  9,  189 1,  P.  L.  248,  i  P.  &  L.  Dig.  2709. 

99  Dailey  vs.  Wilkes-Barre  Twp.,  6  Kulp  43 ;  Flannigan  vs.  Wilkes-Barre 
Township,  10  Kulp  100;  See  In  re  Marcy  Twp.,  10  Kulp  42. 


192  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

are  bound/'^°  The  township  was  entitled  to  its  share,  prior  to 
1903,  though  a  contract  was  made  for  the  entire  work  of  mak- 
ing and  repairing  roads,  as  provided  by  the  Act  of  June  12, 
1893,^"^  By  the  Act  of  April  22,  1903,^*^^  the  money  is  made 
payable  to  the  treasurer  of  the  school  district  of  such  town- 
ship for  school  purposes  during  the  period  the  roads  are  thus 
being  made  and  repaired.  And  mandamus  will  lie  to  compel 
its  payment.^^^  If  the  township  contains  one,  or  more  than 
one  independent  school  district,  the  license  money  shall  be  di- 
vided among  all  the  school  districts  thereof,  each  district  re- 
ceiving the  proportion  of  license  money  that  its  assessed  valua- 
tion of  property  bears  to  the  assessed  valuation  of  property  in 
the  entire  township. 

Income  from  Forests. 

185a.  By  the  Act  of  February  25,  1901,^'^^  establishing  the 
department  of  forestry,  townships  are  entitled  to  one-half  the 
net  revenue  derived  from  leases  or  contracts  for  the  removal  of 
minerals  and  sale  of  timber  from  land  purchased  by  the  State 
to  be  applied  to  the  reduction  of  local  tax  levies.  In  no  case 
shall  the  township  in  one  year  receive  more  than  twice  the 
amount  of  taxes  that  would  be  received  by  the  township  from 
such  lands  if  they  were  owned  by  individuals. 

Dog  Tax. 

186.  Assessors  in  the  various  townships  are  directed  to  as- 
sess all  owners  of  dogs,  for  the  purpose  of  levying  and  collect- 
ing in  such  amounts  as  shall  be  jfixed  by  the  county  commission- 
ers. The  money  so  received  is  payable  to  the  county  commis- 
sioners for  a  fund  to  reimburse  the  owners  of  sheep  which  have 
been  killed  by  dogs.^*^^     Where  a  township  has  been  created 

100  Commonwealth  vs.  Sweigart,  9  Pa.  Sup.  455. 

loi  Act  June  12,   1893,  P.  L.  451,  2  P.  &  L.  Dig.  4598;  Williams  vs. 
Reed,   4  D.    R.   690. 

102  Act  April  22,   1903,  P.  L.  259. 

103  Kennedy  vs.  Scranton,  4  Lack.  J.  357. 

104  Act  Feb.  25,  1901,  P.  L.  11,  Sec.  i,  4  P.  &  L.  Dig.  1046. 

105  Act  May  25,  1893,  P.  L.  136,  i  P.  &  L.  Dig.  1651. 


TAXATION.  193 

from  portions  of  several  others,  having  different  and  inconsis- 
tent local  laws  providing  for  the  levying  and  collection  of  dog 
taxes,  such  tax  under  one  of  the  special  laws,  cannot  be  levied 
and  collected. ^°^  If  in  any  year  the  treasurer  shall  have  on  hand 
more  than  two  hundred  dollars  after  the  payment  of  sheep 
claims,  the  excess  is  to  be  divided  ratably  among  the  districts 
and  be  used  for  school  purposes, ^'^'^ 

Exonerations. 

187.  The  commissioners  of  the  proper  county,  and  the  su- 
pervisors and  overseers  of  the  poor  of  the  proper  township,  as 
the  case  may  be,  shall  at  all  times  make  abatement  or  exonera- 
tions for  mistakes,  indigent  persons,  unseated  lands,  etc.,  as  to 
them  shall  appear  just  and  reasonable,  and  the  commissioners 
shall  direct  their  clerk  to  enter  in  a  book  or  books,  to  be  kept 
for  that  purpose,  the  names  of  all  persons  abated  or  exoner- 
ated, together  with  the  reason  why,  the  amount  and  date,  when 
made,  and  give  to  the  collector  a  certificate  directed  to  the 
county  treasurer,  stating  the  nature  of  the  tax,  and  the  amount 
exonerated,  in  order  to  make  settlement  accordingly,  and  the 
same  course  shall  be  pursued  by  the  supervisors  and  overseers 
of  the  poor,  with  respect  to  exonerations  of  township  rates  and 
levies.^"® 

Penalty  for  Non-Payment  of  Taxes. 

188.  All  persons  who  shall  fail  to  make  payment  of  any  tax 
made  by  a  board  of  township  commissioners  in  townships  of 
the  first  class,  within  a  period  of  six  months  from  the  date  of 
publication  of  notice  thereof  by  the  township  treasurer,  as  pro- 
vided by  Act  of  April  28,  1899,^*^^  shall  be  charged  with  a  pen- 
alty of  five  per  cent,  additional  to  the  amount  of  the  taxes  so 

106  Commonwealth  vs.  Baker,  4  Pa.  C.  C.  34. 

107  Act  April  23,  1901,  P.  L.  92,  4  P.  &  L.  Dig.  967. 

108  Act  April  15,  1834,  P.  L.  509,  Sec.  48,  2  P.  &  L.  Dig.  4650;  See  also 
Act  of  June  25,  1885,  P.  L.  187,  Sec.  10,  2  P.  &  L.  Dig.  4610. 

109  Act  April  28,  1899,  P.  L.  104,  Sec.  15,  4  P.  &  L.  Dig.  924. 


194  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

left  unpaid. ^^^  When  seated  lands  are  returned  for  non-pay- 
ment of  taxes,  the  collector  of  taxes  or  other  persons  making 
the  return,  shall  add  to  the  amount  of  each  item  of  tax,  for 
which  the  same  is  returned,  five  per  cent,  thereof,  which  shall 
be  recovered  and  collected  along  with  said  taxes,  and  when  so 
recovered  and  collected  the  additional  sum  shall  be  paid  to  the 
collector  of  taxes  or  other  person  making  the  return."^ 

Returns. 

189.  Tax  collectors  of  the  various  townships  must  furnish 
to  each  person,  on  the  payment  of  taxes,  numbered  receipts,  set- 
ting out  the  date,  name  of  taxpayer,  the  amount  of  tax,  and  the 
district  in  which  the  taxpayer  is  assessed,  from  books  to  be 
furnished  by  the  county  commissioners,  containing  a  stub,  and 
on  the  stub,  memoranda  shall  be  made  in  ink  of  the  number  of 
the  receipt,  the  name  of  the  taxpayer,  the  amount  of  the  tax, 
and  the  district  in  which  the  taxpayer  is  assessed.  Twenty 
days  before  each  election,  he  shall  send  a  sheet  to  the  office  of 
county  commissioners,  containing  the  number  of  each  receipt 
issued,  the  date  of  payment,  the  name  of  the  taxpayer,  the 
amount  of  tax,  and  the  district  in  which  the  taxpayer  is  as- 
sessed, for  the  period  since  the  last  report.  These  reports  are 
to  be  bound  and  kept  for  public  inspection.  A  violation  of  this 
act  is  a  misdemeanor.^^^ 

Township  tax  collectors  shall  also  make  monthly  returns, 
showing  the  amounts  collected  by  them,  during  the  preceding 
month,  and  the  amount  of  uncollected  taxes,  from  their  re- 
spective duplicates,  or  exhibit  the  duplicate  showing  the  said 
uncollected  taxes,  at  the  close  of  each  month,  during  their  re- 
spective terms  of  office,  and  shall  also  pay  over  monthly  the 
sum  collected,  less  the  legal  commission  or  fees.  A  failure  to 
comply  with  the  requirements  of  this  act  is  made  a  misde- 
meanor.^ ^^ 

no  Act  June  4,  1901,  P.  L.  361,  4  P.  Sz:  L.  Dig.  924. 

111  Act  April  19,  igoi,  P.  L.  81,  4  P.  &  L.  Dig.  1466. 

112  Act  June  25,  1895,  P.  L.  296,  3  P.  &  L.  Dig.  593. 

113  Act  July  9,  1897,  P.  L.  242,  3  P.  &  L.  Dig.  594. 


CHAPTER  XX. 


ROADS. 


190.  In  townships  of  the  first  class.  194.  Issuance  of  order  to  open. 

191.  In    townships    under    special  195.  Duty  to  open. 

acts.  196.  Location  of  the  route. 

192.  Notice  to  supervisors.  197.  Effect  of  location. 

193.  Notice  to  auditors.  198.  Damages. 

In  Townships  of  the  First  Class. 

190.  By  the  Act  of  April  28,  1899,^  and  the  Act  of  May  24, 
1901,^  the  board  of  township  commissioners  was  given  au- 
thority to  open  all  public  highways  within  a  township  laid  out 
by  lawful  authority.  By  the  Act  of  June  7,  1901,^  the  addi- 
tional power  was  given  to  enact  ordinances  ordaining,  sur- 
veying, laying  out,  widening,  straightening,  vacating  or  relay- 
ing all  roads,  streets,  lanes  and  alleys  within  the  township  upon 
the  petition  of  any  owner  or  owners  of  property,  through 
whose  land  such  highway  shall  pass  or  abut,  if  in  the  judgment 
of  the  board  of  commissioners,  the  same  is  deemed  proper  and 
necessary  for  public  convenience  or  benefit.  In  such  case  ten 
days'  notice  to  the  property  owners  affected,  of  the  time  and 
place,  when  and  where,  all  parties  interested  may  meet  and  be 
heard,  shall  be  given.  Witnesses  may  be  summoned  to  testify 
at  the  hearing.  If  a  majority  decide  in  favor  of  the  granting 
of  the  petition,  they  shall  make  a  written  report,  together  with 
a  draft  or  survey  of  the  said  road,  street,  lane  or  alley  fixing 

1  Act  April  28,  1899,  p.  L.  104,  Sec.  9,  4  P.  &  L.  Dig.  922. 

2  Act  May  24,  1901,  P.  L.  297,  4  P.  &  L.  Dig.  916. 

3  Act  June  7,  1901,  P.  L.  510,  4  P.  &  L.  Dig.  1428. 

13  195 


igG  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

the  width  thereof,  and  note  the  improvements  along  the  line, 
together  with  the  names  of  the  owners  of  property,  through 
which  the  same  shall  pass,  or  where  it  shall  abut,  which  report 
and  draft  shall  be  filed  in  the  office  of  the  clerk  of  the  court  of 
quarter  sessions  of  the  county  in  which  the  township  is  situ- 
ated. After  the  passage  or  approval  of  such  an  ordinance,  no- 
tice shall  be  given  within  ten  days  by  hand  bills  posted  in  con- 
spicuous places  along  the  line  of  the  proposed  improvement. 
Any  citizen  may  within  thirty  days  after  the  filing  of  the  re- 
port, file  exceptions  thereto,  together  with  a  petition  for  a  re- 
view, as  in  other  road  cases,  upon  entering  in  said  court  suffi- 
cient surety  to  indemnify  the  board  for  all  costs  incurred  in 
the  proceeding. 

If  no  exceptions  are  filed,  and  the  damages  have  not  been 
agreed  upon,  the  court  of  quarter  sessions  may  appoint  three 
viewers  upon  petition  of  the  board  of  commissioners.  These 
viewers  after  giving  due  notice  of  the  meeting,  shall  prepare  a 
schedule  of  the  damages  sustained,  and  of  the  benefit  accruing, 
and  assess  the  same.  Exceptions  may  be  filed  to  their  report 
within  thirty  days  thereafter,  and  any  party  whose  property  is 
taken  or  injured  may  appeal  and  demand  a  trial  by  jury,  and 
may,  after  that,  appeal  to  the  Supreme  Court  within  thirty  days 
after  the  entry  of  a  final  decree. 

In  TownsMps  Tinder  Special  Acts. 

191.  By  virtue  of  special  legislation  for  many  townships, 
road  commissioners  were  given  power  to  lay  out  roads.  Their 
acts  were  not  subject  to  review  unless  such  was  specially  pro- 
vided for  in  the  statute.^  To  meet  this  the  Act  of  July  2, 
1901,^  was  passed.  Provision  was  made  by  it  for  the  removal 
of  the  proceedings  of  such  road  commissioners  to  the  court 
of  common  pleas  by  a  writ  of  certiorari  to  be  directed  to  the 
commissioner  of  the  township  in  which  the  road  lies,  and  to  the 

4  Nobles  vs.  Piollet,  16  Pa.  Sup.  386. 

5  Act  July  2,  1901,  P.  L.  607,  4  P.  &  L.  Dig.  1428. 


ROADS.  197 

town  clerk  having  in  charge  the  record  of  such  road.  The 
proceeding  may  be  set  aside  if  found  to  be  contrary  to  law,  or 
if  the  return  made  to  the  town  clerk,  by  the  road  commission- 
ers, either  in  laying  out  or  vacating  the  road,  is  not  according 
to  law,  or  if  the  road  commissioners  are  for  any  reason  without 
jurisdiction,  or  for  any  reason  incapacitated  to  act  in  the  partic- 
ular case.  Such  may  be  shown  by  evidence  outside  of  the  rec- 
ord.^ This  legislation  does  not  give  the  court  power  by  man- 
damus to  reviewers  to  cure  fatal  defects  in  their  report.'''  The 
writ  of  certiorari  acts  as  a  supersedeas,  but  no  such  writ  shall 
issue  more  than  thirty  days  after  the  report  of  the  road  com- 
missioners has  been  filed  with  the  town  clerk.^ 

Notice  to  Supervisors, 

192.  Ordinarily  the  public  road  in  the  township  is  laid  out 
under  the  general  road  law  of  June  13,  1836,^  and  its  supple- 
ments. 

By  the  Act  of  May  2,  1899,^^  it  is  made  the  duty  of  the  par- 
ties applying  for  a  road  to  give  written  notice  to  the  supervis- 
ors of  the  territory  through  which  such  new  public  road  is  de- 
signed to  be  laid  out  and  constructed,  of  the  time  and  place  of 
any  views,  reviews  or  rereviews  therein,  and  a  copy  of  such 
written  notice  properly  attested  shall  be  filed  among  the 
records  of  the  court  having  cognizance  of  the  matter,  and  fail- 
ure to  comply  with  these  directions  is  sufficient  ground  for  the 
setting  aside  of  the  proceeding.  This  legislation  is  not  ef- 
fective where  the  township  is  regulated  by  local  road  sys- 
tems." By  local  acts  or  by  rules  of  court  notices  had 
frequently  been  directed  to  be  given  to  auditors,  supervisors 


6  Frost  vs.  Scott,  12  D.  R.  339. 

7  Overton  Township  Public  Road,  12  D.  R.  317. 

8  Act  July  2,  1901,  P.  L.  607,  Sec.  3,  4  P.  &  L.  Dig.  1428. 

9  Act  June  13,  1836,  P.  L.  551,  2  P.  &  L.  Dig.  4128. 

10  Act  May  2,  1899,  P.  L.  176,  4  P.  &  L.  Dig.  1423. 

11  Road  in  Greene  and  Guilford  Townships,  21  Pa.  Sup.  418. 


198  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

or  both.'-  The  notice  must  be  in  writing.'"  It  must  be  served 
upon  both  of  the  supervisors.'^  And  give  notice  of  the  time 
and  place  of  meeting.'^  An  acceptance  of  service  of  it  for  the 
supervisors  by  the  attorney  for  the  petitioners  is  not  suffi- 
cient.'® If  there  has  been  no  notice  given,  it  is  immaterial 
that  one  of  the  supervisors  was  present  by  accident.''^  The 
supervisors  may  waive  the  giving  of  such  notice,  but  the  proof 
of  such  waiver  must  be  clear  and  indubitable.'^  If  the  effort  is 
made  to  set  aside  the  proceedings  because  of  a  failure  to  no- 
tify, the  exception  must  be  supported  by  evidence.'^  And  the 
proceedings  will  not  be  set  aside  because  of  the  failure  of  the 
record  to  show  that  notice  was  given,  where  there  is  no  denial 
that  it  was.^^  Objection  to  the  defect  should  be  made  before 
the  confirmation  of  the  report.^^  And  the  supervisors  cannot 
take  advantage  of  it  as  a  defence  to  the  payment  of  damages 
for  the  opening  of  the  road,  where  no  notice  had  been  given  as 
required  by  rules  of  court,  when  they  had  not  complained  be- 
fcre.^^ 

The  notice  is  to  be  filed,  but  a  failure  to  do  so  will  not  be 
sufficient  ground  for  setting  aside  the  report,  though  it  will 
place  the  burden  upon  the  petitioners  of  proving  that  it  was 

12  Ryan  Township  Road,  3  Kulp  158. 

13  Taylor  Township's  Road,  2  Blair  361. 

14  Chartiers  Township  Public  Road,  47  Pitts.  Legal  Journal  O.  S.  268; 
Rush  Twp.  Road,  10  D.  R.  650;  Taylor  Township's  Road,  2  Blair  361. 

15  Rush  Township  Road,  10  D.  R.  650;  Frankford  Township  Road,  11 
D.  R.  78,  s.  c.  24  Pa.  C.  C.  649;  Chartiers  Township  Public  Road,  47  Pitts. 
Legal  Journal  O.  S.  268. 

16  Lower  Saucon  Township's  Road,  5  North.  Co.  66. 

17  Lower  Saucon  Township's  Road,  i  North.  Co.  41 ;  Upper  Fairfield 
Road,  I  D.  R.  660,  11  Pa.  C.  C.  396. 

18  Upper  Fairfield  Road,  i  D.  R.  660,  11  Pa.  C.  C.  396. 

19  East  Penn  Township  Road,  2  Pa.  C.  C.  453 — here  the  notice  was  re- 
quired by  a  rule  of  court. 

20  Sewickley  Township   Road,  23   Pa.   Sup.    170. 

21  Sewickley  Township  Road,  23  Pa.  Sup.  170. 

22  Brodhead  vs.  Lower  Saucon  Township  Supervisors,  2  I  ehigh  Val- 
ley 381. 


ROADS.  199 

given.^^  The  Act  of  1899  has  been  held  to  apply  only  to  a  new 
road,  and  not  to  an  alteration  of  an  old  one.^^  But  in  Curtin 
and  Bogg  Township  Road  ^^  the  proceedings  were  set  aside, 
where  the  purpose  was  the  changing  of  the  route,  for  this  de- 
fect. In  Abington  Road  ^^  it  was  said  by  the  court  that  a  no- 
tice should  always  be  served  upon  the  supervisors,  though  there 
is  no  act  or  rule  of  court  requiring  it.^''^ 

Notice  to  Auditors. 

193.  In  those  townships  in  which  roads  are  laid  out  by  su- 
pervisors or  road  commissioners,  it  is  made  the  duty  of  the 
supervisors  or  commissioners,  whenever  they  have  decided  in 
favor  of  laying  out  a  road  to  notify  the  auditor  of  the  town- 
ship of  such  decision.  The  auditor  with  the  supervisors  or 
commissioners  shall  endeavor  to  obtain  releases  from  claims 
for  damages,  and  to  assess  the  same  where  necessary.  Any 
person  interested,  who  may  feel  aggrieved  by  the  assessment, 
may  appeal  within  thirty  days  after  the  road  has  been  opened.^^ 
By  the  second  section  of  the  same  act  similar  provisions  were 
made  where  a  road  had  been  laid  out,  but  was  not  as  yet 
opened.^^ 

Issue  of  Order  to  Open. 

194.  When  the  report  of  the  viewers  has  been  submitted  to 
the  court  and  is  confirmed,  the  judicial  power  is  exhausted. 
For  one  term  all  proceedings  are  stayed.  At  the  expiration  of 
that  time,  the  road  becomes  a  public  one  by  operation  of  law, 

23  Towamencin  Road,  9  D.  R.  650,  s.  c.  23  Pa.  C.  C.  113,  see  Springfield 
Township  Road,  ii  D.  R.  7,  s.  c.  24  Pa.  C.  C.  625. 

24  Potter  and  Tioga  County  Public  Road,  10  D.  R.  456. 

25  Curtin  and  Boggs  Township's  Road,  23  Pa.  C.  C.  328. 

26  Abington  Road,  3  D.  R.  226. 

27  In  Todd  Township  Public  Road,  11  D.  R.  332,  a  notice  to  the  county 
commissioners  under  Act  April  3,  1899,  P.  L.  26,  4  P.  &  L.  Dig.  1423,  was 
held  not  to  be  requisite,  as  the  road  was  merely  vacated. 

28  Act  May  8,  1876,  P.  L.  145,  Sec.  i,  2  P.  &  L.  Dig.  4180. 

29  Act  May  8,  1876,  P.  L.  145,  Sec.  2,  2  P.  &  L.  Dig.  4180. 


200  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

and  the  clerk  of  the  quarter  sessions  issues  the  order  to  the  su- 
pervisors to  open.  His  act  in  so  doing  is  ministerial.  The 
court  cannot  confirm  the  report  nunc  pro  tunc,  and  issue  an 
immediate  order  to  open.^"  Nor  can  it  direct  the  supervisors  to 
open  to  the  full  width  many  years  after  the  approval  of  the  re- 
port.^^  The  court  fixes  the  width  of  the  road,^^  and  the  clerk 
may  certify  this  in  the  order  which  he  issues.^^  The  width 
cannot  be  fixed  nunc  pro  tunc  at  a  subsequent  term.^"*  A  full 
term  must  elapse  before  he  so  certifies.^^  After  the  order  for 
opening  has  been  properly  issued,  the  actual  location  of  the 
road  upon  the  ground  will  not  be  delayed  until  the  damages 
assessed  have  been  reviewed. ^"^  Defects  apparent  upon  the  face 
of  the  record  may  justify  the  court  in  quashing  the  proceedings 
upon  the  application  of  the  supervisors,  even  after  the  order  to 
open  has  been  issued.  So  where  it  was  impossible  to  carry  out 
the  order,  because  of  the  indefiniteness  of  the  termini  fixed, 
the  court  properly  set  aside  the  proceedings.^''' 

Duty  to  Open. 

195.  The  opening  of  the  road  is  a  ministerial  act  and  can  be 
performed  by  one  supervisor.^^  The  execution  of  the  order 
cannot  be  restrained  by  the  court  of  quarter  sessions  upon  pe- 
tition to  enjoin  the  supervisors  from  opening  the  road  con- 
firmed and  laid  out  on  the  ground,  though  it  makes  an  unneces- 

30  Road  to  Ewing's  Mill,  32  Pa.  282. 

31  Glenn  vs.  Commonwealth,  6  Atl.  919,  s.  c.  5  Cent.  492. 

32  Springfield  Twp.  Road,  24  Pa.  C.  C.  625;  Catawissa  and  Main  Twp. 
Road,  17  Pa.  Sup.  21;  Bloomsburg  and  Scott  Twp.  Road,  11  D.  R.  93; 
Stowe  Twp.  Road,  20  Pa.  Sup.  404. 

2:i  Beigh's  Road,  23  Pa.  302. 

34  Lower  Allen  Twp.  Road,  18  Pa.  C.  C.  298,  s.  c.  5  D.  R.  764;  Derry 
Twp.  Road,  II  Pa.  Sup.  232;  Com.  vs.  Plymouth  Twp.,  13  Pa.  Sup.  209. 

35  Pitt  Township  Road,  i  Pa.  356;  McConnell's  Mill  Road,  32  Pa. 
285 ;  Middle  Creek  and  Union  Township's  Road,  9  Pa.  69 ;  Bucks  County 
Road,  3  Whart.  105. 

36  Lower  Chanceford  Township  Road,  4  York  197. 
Z7  Dunbar  Township  Road,  12  Pa.  Sup.  491. 

38  Brodhead  vs.  Lower  Saucon  Township,  2  Lehigh  Valley  Reports  381. 


ROADS.  20 1 

sary  grade  crossing.^^  That  the  supervisors  may  act  intelH- 
gently,  it  is  necessary  that  the  termini  of  the  road  be  distinctly 
fixed.  If  indefinite,  so  as  to  render  the  locating  of  the  route 
impossible,  the  court  may  quash  the  proceedings,  even  after  the 
order  to  open  has  issued.^^  But,  if  one  of  the  termini  is  given, 
and  the  other  can  be  found  by  following  the  courses  and  dis- 
tances, it  is  sufificient.^^  The  court  of  common  pleas  has  no 
jurisdiction  to  enforce  by  mandamus  an  order  of  the  court  of 
quarter  sessions  directed  to  the  supervisors  of  the  township  to 
open  a  public  road.  The  latter  court  has  ample  power  to  com- 
pel compliance  with  its  own  orders. ^^  The  supervisors  are  di- 
rected to  open  the  roads  as  soon  as  practicable.^^*  In  case 
of  neglect  to  perform  this  duty,  they  may  be  indicted.^^  Like- 
wise if  they  refuse  to  open  the  road  to  its  full  width. "^^  Or  for 
a  failure  to  keep  the  road  in  repair.'*^  Or  for  changing  a  road 
as  laid  out,  though  they  are  following  a  change  made  by  pre- 
decessors.''^ And  they  are  likewise  liable,  though  the  work  has 
been  given  to  a  contractor,  who  fails  to  properly  repair.^^  A 
charge  of  neglect  to  open  and  to  repair  may  be  joined  in  one 

39  Bonsall  Avenue,  16  Pa.  Sup.  i. 

40  Dunbar  Township  Road,  12  Pa.  Sup.  491 ;  Hector  Township  Road 
No.  2,  19  Pa.  Sup.  124;  Crescent  Township  Road,  18  Pa.  Sup.  160; 
O'Hara  Twp.  Road,  152  Pa.  319;  Bean's  Road,  35  Pa.  280. 

41  Hector  Township  Road  No.  i,  19  Pa.  Sup.  120. 

42  Commonwealth  vs.  Holland,  153  Pa.  233 ;  In  re  Roaring  Brook  Town- 
ship Road,  140  Pa.  632.  Note. — In  the  matter  of  the  mandamus  to  the 
commissioners  of  Dauphin  County,  i  Pearson  144,  the  mandamus  was 
awarded  to  compel  the  opening  of  the  road.  And  in  Com.  vs.  Doylestown 
Supervisors,  16  Pa.  C.  C.  161  to  compel  the  repair  of  a  highway. 

42*  Act  June  13,  1836,  P.  L.  551,  Sec.  6. 

43  Commonwealth  vs.  Reiter,  78  Pa.  161 ;  Edge  vs.  Commonwealth,  7 
Pa.  275. 

44  Hamiltonban  Township  Supervisors,  i  D.  R.  456,  s.  c.  11  Pa.  C.  C. 

369. 

45  Commonwealth  vs.  Cassatt,  3  Montg.  Co.  19;  Com.  vs.  Fehr,  2  North. 
Co.  275. 

46  Commonwealth  vs.  Johnson,  134  Pa.  535. 

47  Phillips  vs.  Commonwealth,  44  Pa.  197. 


202  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

count  of  the  bill  of  indictment.^^  But  as  the  duty  is  a  joint 
one,  both  supervisors  should  be  indicted.'*^  If  the  laying  out 
of  the  road  is  discretionary,  though  the  power  to  so  act  upon 
the  written  request  of  citizens  is  given  by  Act  of  Assembly,  no 
indictment  can  be  sustained  in  case  of  refusal.^"  The  costs  of 
the  proceedings  resulting  in  the  conviction  of  the  supervisor 
are  not  chargeable  against  the  township.^^ 

Since  the  Act  of  Assembly  requires  the  opening  as  soon  as 
practicable,  the  supervisors  are  bound  to  so  act,  and  are  not  the 
judges  of  the  necessity  of  the  road,  and  it  is  no  answer  to  an 
attachment  for  failure  to  open,  that  there  are  not  sufficient 
taxes,  when  it  does  not  appear  that  the  power  of  taxation  has 
been  exhausted. ^^  Nor  to  say  that  the  funds  were  needed  for 
other  purposes.  Or  that  the  cost  of  opening  would  increase  the 
indebtedness  of  the  township  beyond  the  constitutional  limit, 
where  the  tax  limit  is  not  shown,  and  no  bona  fide  attempt 
of  the  supervisors  to  comply  with  the  order  appears.^^ 

Location   of   the   Route. 

196.  It  is  the  duty  of  the  supervisors  to  follow  the  survey 
as  returned  by  the  viewers,  and  approved  by  the  court.  No  dis- 
cretion rests  in  them  to  materially  alter  the  route,  although 
great  saving  would  be  effected  thereby.  In  such  case  it  is  their 
duty  to  apply  to  the  court  to  vacate  the  objectionable  part,  and 
it  is  no  defence  to  an  indictment,  that  the  change  had  been  be- 
gun by  their  predecessors  in  office.^^  After  the  confirmation 
the  court  cannot  alter  the  courses  and  distances  as  fixed  by 

48  Edge   vs.    Commonwealth,   7    Pa.   275. 

49  Commonwealth  vs.  Oberdorfer,  i  Kulp  102;  Commonwealth  vs. 
Grove,  7  Phila.  660. 

50  Commonwealth  vs.  Thompson,  126  Pa.  614. 

51  Benton  Township  vs.  Kennedy,  5  Kulp  401. 

52  Lower  Merion  Township  Road  No.  i,  8  D.  R.  561,  s.  c.  22  Pa.  C.  C. 
207. 

53  Roaring  Brook  Twp.  Road,  140  Pa.  632. 

54  Commonwealth  vs.  Johnson,  134  Pa.  635;  Calder  vs.  Chapman,  8  Pa. 

£22. 


ROADS.  203 

viewers.^^  Nor  can  the  supervisors  and  the  owner  of  the  land 
agree  upon  a  change.^^  Though  it  is  the  duty  of  the  supervis- 
ors to  follow  the  survey,  yet  if  an  altered  route  is  actually  lo- 
cated, no  power  exists  thereafter  to  change  to  the  true  route,^''' 
at  least  without  the  consent  of  the  owner  of  the  land.^^ 

In  opening  roads  as  little  injury  is  to  be  done  as  possible. 
So  there  should  be  no  interference  with  the  embankment  and 
abutments  of  a  railroad  across  whose  located  line  the  road  ex- 
tends.^^  Likewise  roads  across  canals  must  be  so  constructed 
as  to  interfere  the  least  with  the  navigation  of  the  canal  or  the 
use  of  the  towpath.^^  And  the  same  care  must  be  exercised 
in  changing  the  course  of  running  water.^^  Any  unlawful  in- 
terference may  be  restrained.^-  Or  improper  obstructions  may 
be  removed.*^^ 

Effect  of  Location. 

197.  A  located  road  cannot  be  altered  although  it  fails  to 
conform  to  the  survey  returned  by  the  viewers.^"*  But  mere  use 
of  a  strip  of  land  by  the  public  will  not  necessarily  constitute  a 
location  by  supervisors.^^  In  determining  whether  or  not  an 
obstruction  is  within  a  public  highway,  the  original  location  by 

55  Beeler's  Road,  9  Pa.  217. 

56  Furniss  vs.  Furniss,  29  Pa.  15 ;  Calder  vs.  Chapman,  8  Pa.  522. 

57  McMurtie  vs.  Stewart,  21  Pa.  322;  Morrow  vs.  Commonwealth,  48 
Pa.  305;  Clark  vs.  Commonwealth,  33  Pa.  112. 

58  Gray  vs.  North  Versailles  Twp.,  208  Pa.  yj. 

59  Williamsport  &  N.  B.  R.  R.  Co.  vs.  La  Porte  Twp.  Supervisors,  4  Pa. 
C.  C.  588. 

60  Commonwealth  vs.  Ruddle,  142  Pa.  144;  Lehigh  Twp.  Road,  i  North- 
ampton Co.  220. 

61  Warfel  vs.  Cochran,  34  Pa.  381 ;  Wagner  vs.  Foley,  4  Del.  Co.  172. 

62  Williamsport  &  N.  B.  R.  R.  Company  vs.  La  Porte  Township  Super- 
visors, 4  Pa.  C.  C.  588. 

63  Commonwealth  vs.  Ruddle,  142  Pa.  144. 

64  McMurtrie  vs.  Stewart,  21  Pa.  322 ;  Holden  vs.  Cole,  i  Pa.  303 ;  Cook 
vs.  Deerfield  Township,  64  Pa.  445;  Clark  vs.  Commonwealth,  33  Pa.  112; 
Gray  vs.  North  Versailles  Twp.,  208  Pa.  yy. 

65  Morrow  vs.  Commonwealth,  48  Pa.  305. 


204  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

the  supervisors  must  control,  and  not  the  lines  as  fixed  by  the 
viewers.*'^ 

What  location  was  made  by  the  supervisors  is  a  question  of 
fact  and  the  testimony  of  one  who  was  a  viewer  and  a  surveyor 
is  admissible  to  show  this.^'''  Or  the  testimony  of  a  viewer.®* 
As  there  is  no  power  to  change  the  location  of  a  road,  so  there 
is  none  to  open  a  new  road  until  the  court  should  order  it.®^ 
Or  to  open  a  road,  while  a  new  bridge  is  building. ''^^  Nor  to 
contract  bills  for  making  such  changes.'^ ^ 

Though  the  road  be  not  originally  laid  out  at  its  full  width, 
the  public  has  a  right  to  that  width. ''^^  In  widening,  the  mid- 
dle line  of  the  road  as  laid  out  is  to  be  found,  and  one-half  of 
the  prescribed  width  is  to  be  measured  toward  each  side,^^  un- 
less the  beaten  track  is  within  the  limit  of  the  originally  located 
road,  which  is  clearly  defined  on  each  side  by  marks  on  the 
ground.'^'*  This  principle  has  been  modified  in  part  by  the  Act 
of  June  19,  1901,'^^  which  provides  that  'Tn  all  cases  where  pub- 
lic roads  in  this  Commonwealth  have  been  or  may  hereafter  be 
laid  out  by  viewers,  and  the  same  have  been,  or  may  hereafter 
be  opened  with  the  roadbed  or  track  traveled  by  the  public,  lo- 
cated within  the  lines  of  such  road,  originally  laid  out,  such 
line  shall  be  and  remain  the  boundary  line  of  such  road,  unless 

66  Commonwealth  vs.  Jackson,  10  Pa.  Sup.  524;  Glenn  vs.  Common- 
wealth, 5  Cent.  492,  s.  c.  6  Atl.  919;  Commonwealth  vs.  Plymouth  Town- 
ship, 19  Pa.  Sup.  408;  Commonwealth  vs.  Dicken,  145  Pa.  453;  Common- 
wealth vs.  Marshall,  137  Pa.  170. 

67  Morrow  vs.  Commonwealth,  48  Pa.  305. 

68  Stephens  vs.  Potter,  4  W.  N.  C.  375. 

69  Holden  vs.  Cole,  i  Pa.  303. 

70  Brewer  vs.  Sullivan  Co.,  199  Pa.  594. 

71  Cook  vs.  Deerfield  Township,  64  Pa.  445. 

72  Commonwealth  vs.  Plymouth  Twp.,  13  Pa.  Sup.  209;  Com.  vs.  Shoe- 
maker, 14  Pa.  Sup.  194. 

y2  Athens  Borough  vs.  Carmer,  169  Pa.  426;  Furniss  vs.  Furniss,  29  Pa. 

IS- 

74  Commonwealth  vs.  Shoemaker,  14  Pa.  Sup.  194;  Gray  vs.  North  Ver- 
sailles Twp.,  208  Pa.  77,  affirming  51  Pitts.  L.  J.  O.  S.  56. 

75  Act  June  19,  1901,  P.  L.  573,  4  P.  &  L.  Dig.  1424. 


ROADS.  205 

the  location  of  such  road,  has  been  or  may  be  changed  by  due 
course  of  law."  This  legislation  does  not  apply  where  the  old 
road  is  not  within  the  line  located.'^® 

Damages. 

198.  In  the  absence  of  special  legislation,  damages  assessed 
by  viewers  for  the  opening  of  roads  are  to  be  paid  by  the 
county  treasurer  out  of  the  county  stock. ^''^  The  township  is 
not  liable  for  consequential  damages  suffered  by  reason  of  the 
opening  of  a  road.  It  is  not  a  corporation  vested  with  the  priv- 
ilege of  taking  private  property  for  public  use  within  the  mean- 
ing of  section  8,  article  16  of  the  Constitution.'^^  Nor  is  it 
liable  for  such  damage  arising  from  widening  of  a  road.'^^  Or 
for  such  damage  arising  from  a  change  of  grade.^*^  Or  for 
damages  arising  from  necessary  repairs  to  the  highway  such  as 
causing  water  to  flow  upon  the  plaintiff's  land,  where  the  na- 
tural course  of  the  flow  has  not  been  changed. ^^ 

By  virtue  of  many  local  acts  the  damages  assessed  upon  the 
opening  of  roads  are  chargeable  to  the  townships.  In  such  case 
the  township  is  an  interested  party  in  the  proceedings.^^  And 
may  intervene  in  the  proceedings  upon  appeal.^^  Townships  of 
the  first  class  are  likewise  chargeable  with  the  damages,  when 
roads  are  laid  out  by  ordinance,  under  the  Act  of  June  7,  1901.^^ 

Though  no  provision  is  made  for  the  payment  of  damages, 
when  a  road  has  been  laid  out  by  the  Act  of  Assembly,  the  leg- 
islation is  not  unconstitutional,  since  the  six  per  cent,  allowance 
for  roads  embraced  in  all  the  original  grants  from  the  proprie- 

76  Gray  vs.  North  Versailles  Township,  208  Pa.  77. 

77  Act  June  13,  1836,  P.  L.  551,  Sec.  8,  2  P.  &  L.  Dig.  4135. 

78  Wagner  vs.  Salzburg  Township,   132  Pa.  636. 

79  Winner  vs.  Graner,  173  Pa.  43. 

80  Shoe  vs.  Nether  Providence  Township,  3  Pa.  Sup.  137. 

81  Warner  vs.  Muncy  Township,  18  Pa.  C.  C.  582. 

82  Stauflfer  vs.  Lower  Swatara  Township,  8  D.  R.  104. 

83  Hibberd's  Appeal,  2  D.  R.  28  s.  c.  6  Kulp  497. 

84  Act  June  7,  1901,  P.  L.  510,  4  P.  &  L.  Dig.  1432. 


206  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

taries  or  the  Commonwealth,  makes  a  claim  for  compensation 
in  such  case  a  matter  of  grace  on  the  part  of  the  Legislature, 
and  not  of  constitutional  right.  So  the  townships  cannot  de- 
fend on  such  ground  an  action  upon  the  warrants  drawn  in 
favor  of  contractors  as  directed  by  the  special  Act  of  Asseni- 
bly.85 

85  Township  of  East  Union  vs.  Comrey,  100  Pa.  362. 


CHAPTER  XXI. 


ROADS. CONTINUED. 


SECTION  SECTION 

199.  Cost  of  opening.  208.  Guard  walk. 

200.  Roads  on  township  lines.  209.  Removing  stones. 

201.  Roads  on  State  line.  210.  Snow  drifts. 

202.  Grading  roads.  211.  Index  boards. 

203.  Widening  roads.  212.  Obstructing  highways. 

204.  Widening  roads  between  cities  213.  Obstruction    of    crossings   by 

and  boroughs.  railroad  companies. 

205.  Repairs  by  contract.  214.  Extortion  by  workmen. 

206.  Road  machinery.  215.  Operation   of    machinery    on 

207.  Drains.  highways. 

Cost  of  Opening. 

199.  "Public  roads  or  highways  laid  out,  approved  and  en- 
tered on  record  as  aforesaid,  shall  as  soon  as  may  be  practic- 
able, be  effectually  opened  and  constantly  kept  in  repair,  and  all 
public  roads  or  highways  made,  or  to  be  made,  shall  at  all  sea- 
sons, be  kept  clear  of  all  impediments  to  easy  and  convenient 
travel  at  the  expense  of  the  respective  townships,  as  the  law 
shall  direct."  ^  Contracts  for  the  opening  of  new  roads  cannot 
be  made  by  one  supervisor  without  the  concurrence  of  his  fel- 
lows, but  he  has  the  power  to  employ  men  to  do  the  ordinary 
repairs  or  work  upon  the  roads.^  Supervisors  are  authorized  to 
open  and  care  for  only  such  highways  as  have  been  lawfully 
laid  out.  They,  therefore,  cannot  agree  to  pay  compensation 
to  a  canal  company  for  leave  to  use  its  tow  path  as  a  public 

1  Act  June  13,  1836,  P.  L.  551,  Sec.  6,  2  P.  &  L.  Dig.  4150. 

2  Batten  vs.  West  Brandywine,  3  Clark  462. 

207 


208  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

highway.^  Credit  must  be  given  by  the  auditors  for  the  cost  of 
opening  though  the  petitioners  for  the  road  had  agreed  that  the 
expenses  should  be  taken  from  their  taxes.^ 

The  supervisors  may  purchase,  at  the  expense  of  the  respect- 
tive  townships,  wood,  timber  and  all  other  materials  necessary 
for  the  purpose  of  making  or  repairing  the  roads,  and  employ 
a  sufficient  number  of  laborers  to  execute  promptly  and  effec- 
tually these  duties.^  They  may  also  enter  upon  lands  lying 
near  the  said  roads  and  dig,  gather  and  carry  upon  said  roads, 
any  stone,  sand  or  gravel  found  on  the  same,  necessary  for  the 
making  or  repairing  of  them,  when  the  same  cannot  be  con- 
veniently obtained  by  contract,  at  reasonable  prices,  doing, 
however,  no  unnecessary  damage  to  the  owners  of  the  said 
land,  and  repairing  any  breaches  of  fences  which  they  shall 
make.^  This  legislation  does  not  give  the  right  to  appropriate 
the  fences  of  the  land  owner/  When  such  materials  are  taken, 
and  the  price  therefor  cannot  be  agreed  upon,  three  referees 
are  to  be  appointed,  the  decision  of  two  of  whom  shall  fix  the 
amount  But  if  referees  cannot  be  agreed  upon,,  the  owner 
may  apply  to  a  justice  of  the  peace  residing  near  the  place 
where  such  materials  were  taken,  or  may  be,  and  the  justice 
shall  appoint  three  persons,  one  at  the  suggestion  of  the  su- 
pervisors, one  at  the  suggestion  of  the  land  owner,  and  the 
third  of  his  own  selection.  In  case  either  party  fails  to  so 
choose,  the  justice  is  authorized  to  do  so.^  Since  this  right  is 
given,  and  the  remedy  for  the  collection  of  the/lamages  pro- 
vided, an  action  of  trespass  will  not  lie  against  the  township 
to  recover  for  the  injury  sustained.^ 

3  Pennsylvania  Canal  Company  vs.  Shirley  and  Union  Townships,  i8 
W.  N.  C.  397- 

4  McDermott  vs.  Auditors  of  La  Porte  Township,  3  Atl.  437,  s.  c.  2 
Cent.  592. 

5  Act  June  13,  1836,  P.  L.  551,  Sec.  27,  2  P.  &  L.  Dig.  4151. 

6  Act  June  13,  1836,  P.  L.  551,  Sec.  28,  2  P.  &  L.  Dig.  4151. 

7  Nelson  vs.  Ehret,  4  Kulp  337. 

8  Act  June  13,  1836,  P.  L.  551,  Sees.  29,  30,  2  P.  &  L.  Dig.  4152. 

9  Marshall  vs.  Lower  Towamensing  Township,  15  W.  N.  C.  235. 


ROADS.  209 

In  townships  of  the  first  class  the  board  of  township  commis- 
sioners is  required  to  effectually  open  and  constantly  keep  in 
repair  at  all  seasons  the  highways,  and  clear  them  of  all  impedi- 
ments to  easy  passing  and  traveling.  If  they  see  fit,  they  may 
by  ordinance,  appoint  supervisors  or  engineers  of  the  high- 
ways for  such  purposes,  and  are  authorized  to  employ  laborers, 
and  purchase  such  tools,  machinery  and  materials  as  may  be 
requisite.^  ^ 

Boads  on  Township  Lines. 

200.  Public  roads  or  highways,  which  have  been,  or  shall  be 
laid  out  on  a  line,  which  divides  two  townships,  shall  be  opened, 
made,  kept  clear  and  in  repair  at  the  joint  and  equal  charge  of 
such  township,  and  if  either  township  shall  in  any  case  nec- 
essarily incur  more  than  its  due  proportion  of  such  charge,  it 
may  recover  from  the  other  township  the  excess  so  in- 
curred.^ ^  If  supervisors  of  either  of  such  townships  neglect  or 
refuse  to  join  with  the  supervisors  of  the  other  township  in 
opening  or  repairing  such  road,  the  supervisors  of  the  one 
township  may  do  so,  and  those  guilty  of  neglect  shall  be  liable 
to  the  same  penalties  as  if  they  did  neglect  or  refuse  to  open 
and  repair  a  public  road  situated  wholly  within  their  own 
township.^  2 

Roads  on  State  Lines. 

201.  By  the  Act  of  March  30,  1848,^^  provision  is  made  for 
the  repairing  of  roads  upon  the  line  between  the  State  of 
Pennsylvania  and  Ohio,  The  supervisors  or  other  officers  hav- 
ing charge  of  the  roads  in  any  two  adjoining  townships, 
through  which  such  road  passes,  one  of  which  shall  be  on  either 
side  of  the  line,  are  authorized  to  meet  annually  on  the  first  day 
of  April,  or  as  soon  thereafter  as  conveniently  may  be  and  lay 

10  Act  April  28,  1899,  p.  L.  104,  Sees.  9,  10,  4  P.  &  L.  Dig.  922-3. 

11  Act  June  13,  1836,  P.  L.  551,  Sec.  10,  2  P.  &  L.  Dig.  4151. 

12  Act  June  13,  1836,  P.  L.  551,  Sec.  33,  2  P.  &  L.  Dig.  4153. 

13  Act  March  30,  1848,  P.  L.  308,  Sec.  i,  2  P.  &  L.  Dig.  4153- 


210  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA, 

off  SO  much  of  the  road  as  shall  lie  between  the  adjoining 
townships  into  sections,  not  exceeding  one  mile  in  length,  and 
divide  such  sections  equally  between  them.  A  record  of  the 
division  is  to  be  made  in  the  book  of  the  township  clerk,  and 
the  supervisors  are  then  required  to  open  and  keep  in  repair 
such  portion  or  portions  of  the  roads  as  may  be  allotted  to  their 
township.  ^^ 

Grading  Roads. 

202.  Roads  between  first  class  townships  and  adjoining  bor- 
oughs may  be  graded,  paved,  curbed  or  macadamized,  and  the 
officers  of  the  two  municipalities  may  enter  into  an  agreement 
with  each  other  for  the  doing  of  such  work,  and  provide  for  the 
division  of  the  damages,  costs  and  expenses.  The  damages  in 
such  case  are  to  be  assessed  by  viewers  to  be  appointed  by  coun- 
cils, upon  petition  of  a  majority  of  the  property  owners  in  in- 
terest and  number  abutting  upon  the  portion  of  the  proposed 
line  of  improvement  within  the  borough.  And  the  same  view- 
ers shall  ascertain  the  share  of  the  township. ^^  By  the  Act  of 
May  24,  1901,^^  townships  of  the  first  class  were  given  power 
to  open,  grade,  construct  and  pave  all  the  public  highways  in 
the  township,  which  are  laid  out. 

Where  the  center  line  of  the  road  is  the  boundary  between 
a  borough  and  a  township,  the  borough  is  charged  with  the 
duty  of  keeping  in  repair  the  half  of  the  road  within  the  bor- 
ough line,  but  it  cannot  make  any  change  of  grade  on  its  own 
half  of  the  road  so  as  to  interfere  with  the  use  of  the  public 
highway  in  its  entirety.  It  may,  however,  with  the  acquies- 
cence and  consent  of  the  authorities  of  the  township  change 
the  grade  of  the  whole  width  of  the  road,  and  in  that  manner 
discharge  its  duty  to  maintain  the  highway.  Damages  for  the 
injury  to  property  in  such  case  are  chargeable  to  the  borough.^'' 

14  Act  March  30,  1848,  P.  L.  308,  Sec.  i,  2  P.  &  L.  Dig.  4153. 

15  Act  July  10,  1901,  P.  L.  637,  Sec.  i,  4  P.  &  L.  Dig.  1431. 

16  Act  May  24,  1901,  P.  L.  297,  4  P.  &  L.  Dig.  916. 

17  Rothwell  vs.  California  Borough,  21  Pa.  Sup.  234. 


ROADS.  211 

In  townships  of  the  second  class  as  an  incident  to  the  keeping 
of  roads  in  repair,  the  supervisors  may  make  proper  grades. 
In  such  case  no  action  Hes  against  the  township  by  the  abutting 
owner  for  the  injury  sustained. ^^ 

Widening  Boads. 

203.  The  Act  of  June  13,  1836,  conferred  no  power  to  widen 
roads.^^  It  is  provided  by  the  eighth  section  of  the  Act  of  May 
8,  1850,^'^  that,  "In  addition  to  the  powers  now  given  to  the 
courts  of  quarter  sessions  by  the  Act  of  the  13th  June,  in  the 
year  of  our  Lord,  1836,  it  may  be  lawful  for  them,  on  petition, 
under  the  same  rules  and  restrictions  regulating  proceedings 
for  laying  out  and  vacating  public  roads,  to  grant  the  orders  for 
widening  all  such  roads  as  are  now,  or  hereafter  may  be,  laid 
out,  reserving  to  those  persons  who  may  consider  themselves 
damnified  the  right  of  submitting  their  claims  to  a  board  of 
viewers,  as  is  now  provided  in  cases  of  laying  out  roads :  Pro- 
vided, That  no  road  shall  in  any  case  exceed  fifty  feet  in 
width."  This  power  to  widen  must  be  exercised  in  analogy  to 
the  Act  of  June  13,  1836.21  The  Act  of  May  14,  1874,^2  re^ 
quiring  viewers  to  endeavor  to  secure  releases  from  all  claims 
for  damages  applies  in  proceedings  to  widen.^^  But  the  Act  of 
May  8,  1889,^^  reducing  the  number  of  viewers  to  three,  does 
not.25 

Widening  Roads  Between  Cities  and  Boroughs. 

204.  Provision  has  been  made  by  the  Act  of  April  3,  1903,^^ 

18  Shoe  vs.  Nether  Providence  Township,  3  Pa.  Sup.  137. 

19  Church  Road,  5  W.  &  S.  200. 

20  Act  May  8,  1850,  P.  L.  713,  2  P.  &  L.  Dig.  4148. 

21  Reserve  Township  Road,  80  Pa.  165. 

22  Act  May  14,  1874,  P.  L.  164,  2  P.  &  L.  Dig.  4179. 

23  In  re  Widening  of  Merion  Avenue,  7  Montg.  102. 

24  Act  May  8,  1889,  P.  L.  129,  2  P.  &  L.  Dig.  4129. 

25  Widening  of  East  Avenue,  7  Lane.  L.  R.   164;  Widening  of  Locust 
Street,  10  Lane.  L.  R.  206. 

26  Act  April  3,  1903,  P.  L.  137. 

14 


212  LAW   OF   TOWNSHIPS  IN    PENNSYLVANIA. 

for  the  altering  and  widening  of  public  roads  in  townships  con- 
necting cities  and  borough.  Application  is  to  be  made  to  the 
court  of  quarter  sessions  for  the  appointment  of  viewers  to  as- 
sess the  damages  resulting.  They  shall  divide  them  in  such 
proportion  as  they  deem  equitable  and  just. 

Repairs  by  Contract. 

205.  Taxpayers  were  given  the  ri^ht  to  enter  into  contracts 
to  make  and  repair  the  public  highways,  by  the  Act  of  June  12, 
1893,^^  as  has  already  been  noted. 

Townships  of  the  first  class  are  likewise  authorized  to  enter 
into  contracts  with  taxpayers,  who  shall  apply  to  the  court  of 
quarter  sessions  for  leave,  to  furnish  all  the  materials  and  la- 
bor necessary  for  the  opening  and  repairing  of  the  public  high- 
ways. The  contract  shall  be  made  as  directed  for  townships 
generally,  by  the  Act  of  June  12,  1893,^^ 

Boad  Machinery. 

206.  By  the  Act  of  May  24,  1887,^^  the  road  commissioners 
or  supervisors  of  the  township  are  authorized  to  purchase 
plows,  scrapers,  road  machines  and  such  other  implements  and 
materials  as  are  found  necessary  for  the  construction  and  re- 
pair of  the  roads,  highways  and  bridges.  By  the  second  sec- 
tion of  the  same  act,  a  tax  was  authorized  in  cash,  to  provide 
for  such  payments,  not  to  exceed  twenty-five  per  centum  of  the 
rates  or  assessments  laid  for  road  purposes  in  any  one  year. 
The  Act  of  April  23,  1903,^°  validated  the  increasing  of  the  in- 
debtedness created  for  such  purposes  where  it  did  not  exceed 
two  per  centum  upon  the  assessed  value  of  the  taxable  property 
therein,  and  made  lawful  the  evidences  of  indebtedness  issued 
therefor. 

27  Act  June  12,  1893,  P.  L.  451,  2  P.  &  L.  Dig.  4232. 

28  Act  May  24,  1901,  P.  L.  297,  4  P.  &  L.  Dig.  917. 

29  Act  May  24,  1887,  P.  L.  202,  2  P.  &  L.  Dig.  4230. 

30  Act  April  23,  1903,  P.  L.  279. 


ROADS.  213 

The  Act  of  April  28,  1899,^^  provided  for  the  purchase  of  all 
necessary  tools,  implements  and  machinery  in  townships  of  the 
first  class. 

Drains. 

207.  In  townships  of  the  first  class,  the  board  of  commis- 
sioners has  power  to  enter  upon  any  land  or  inclosure,  to  cut, 
open,  maintain  and  repair  all  necessary  ditches  and  drains 
which  they  shall  judge  necessary  to  carry  the  water  from  the 
roads.^-  By  the  general  Act  of  June  13,  1836,^^  supervisors 
were  also  given  the  same  right.  The  stopping,  filling  up 
or  injuring  of  any  such  drains,  without  the  consent  of 
the  supervisors,  is  made  an  offense,  punishable  by  pen- 
alty of  not  less  than  four  dollars  and  more  than  $20.00.^* 
One  who  fills  up  a  drain,  so  that  the  water  cannot  cross  the  road 
is  liable  to  the  penalty.^^  Evidence  is  not  admissible  in  such 
case  to  show  that  the  act  done  did  not  injure  the  road,  the 
question  being  merely  whether  the  obstruction  was  with  the 
consent  of  the  supervisors.^^ 

Guard  Walls. 

208.  When  a  road  or  highway  runs  along  the  edge  of  a 
precipice  along  which  it  may  be  necessary  to  erect  guards  or 
barriers  for  the  proper  protection  of  the  traveling  public,  and  to 
erect  such  guards  or  barriers  requires  more  expense  than  it  is 
reasonable  that  the  township  should  bear,  the  court  having  jur- 
isdiction may,  on  the  presentation  of  the  supervisors,  or  the  pe- 
tition of  any  officers  of  the  township,  order  a  view,  as  in  the 
case  of  roads.  If  on  the  report  of  viewers,  it  shall  appear  to 
the  court,  grand  jury  and  commissioners  of  the  county,  that 

31  Act  April  28,  1899,  p.  L.  104,  Sec.  10,  4  P.  &  L.  Dig.  922. 

32  Act  April  28,  1899,  P.  L.  104,  Sec.  11,  4  P.  &  L.  Dig.  923. 

33  Act  June  13,  1836,  P.  L.  551,  Sec.  32,  2  P.  &  L.  Dig.  4152. 

34  Act  June  13,  1836,  P.  L.  551,  Sec.  67,  2  P.  &  L.  Dig.  4190. 

35  Commonwealth  vs.  Betts,  76  Pa.  465. 
2,6  Meeker  vs.  G^mmonwealth,  42  Pa.  283. 


214  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

such  guards  are  necessary,  and  it  will  be  too  expensive  for 
such  township,  the  same  shall  be  erected  and  maintained,  as 
county  bridges  are  now  erected.^" 

Removing  Stones. 

209.  The  Act  of  May  2,  1899,^^  as  amended  by  the  Act  of 
July  2,  1901,^^  provides  for  the  removal  by  the  township  su- 
pervisors and  road  commissioners  of  the  several  townships,  by 
contract  or  otherwise,  of  all  loose  stones  from  the  trav- 
eled roads  or  highways  in  the  township,  at  least  once  each 
month  during  the  months  of  May,  June,  August  and  October 
in  each  year.  This  authority  may  be  delegated  to  the  path 
masters,  but  in  any  case  the  compensation  to  be  paid  to  any 
person  doing  such  work  must  be  credited  upon  the  road  tax. 
In  case  of  neglect  to  perform  this  duty  a  penalty  not  to  exceed 
ten  dollars  to  be  recovered  by  action  of  debt  in  the  name  of 
the  Commonwealth  before  any  justice  of  the  peace  or  alderman 
of  the  county,  with  costs  of  proceeding,  may  be  imposed. 
One-half  of  such  fine  is  payable  to  the  informer  or  prosecutor 
and  the  other  half  is  to  be  used  for  road  purposes  of  the  town- 
ship. 

Snow  Drifts. 

210.  It  is  the  duty  of  the  supervisors  to  make  travel  "easy 
and  convenient,"  as  directed  by  the  Act  of  1836.  If  there  is  a 
negligent  failure  to  make  reasonable  efforts  to  remove  snow  and 
ice,  the  township  will  be  liable  for  injury  resulting.^*'  But  the 
highway  need  only  be  opened  to  a  reasonable  width,  depending 
upon  the  circumstances.'*^  So  it  is  sufficient  if  the  supervisors 
clear  a  single  track,  with  the  necessary  turnouts,  so  as  to  make 
the  road  passable  for  sleighs  and  sleds,  if,  since  the  fall  of  snow, 

37  Act  May  25,  1878,  P.  L.  150,  Sec.  i,  2  P.  &  L.  Dig.  4154. 

38  Act  May  2,  1899,  P.  L.  164,  4  P.  &  L.  Dig.  1425. 

39  Act  July  2,  1901,  P.  L.  611,  4  P.  &  L.  Dig.  1424. 

40  Wright  vs.  Lehman  Township,  19  Pa.  Sup.  653. 

41  Lynn  vs.  Ralpho  Township,  186  Pa.  420. 


ROADS.  2 1 5 

travelers  almost  universally  employ  such  sleighs  and  sleds,  al- 
though the  road  remains  impassable  for  wagons.^^ 

"In  all  cases  where  any  of  the  public  highways  within  this 
Commonwealth  are  so  located  as  to  render  them  liable,  on  ac- 
count of  high  wind  during  the  winter  season,  to  be  so  filled  with 
snow  as  to  cause  them  to  be  impassable,  and  where,  in  the  judg- 
ment of  the  supervisors  of  roads  of  the  several  townships  in 
which  such  public  highways  are  situated,  such  drifts  of  snow 
can  be  avoided  by  the  removal  of  any  board,  rail  or  other  fence 
that  may  be  erected  along  either  side  of  such  public  highways 
and  replacing  the  same  by  a  fence  constructed  of  posts,  wire 
and  boards,  or  rail  combined,  it  may  be  lawful  for  such  super- 
visors to  agree  with  the  owners  of  such  fences  upon  a  plan  for 
the  erection  of  a  fence  constructed  of  posts,  wire  and  board 
or  rail  combined.  And  it  may  be  lawful  for  supervisors  to 
pay  the  owners  of  such  fences  a  sum  not  to  exceed  the  first 
cost  of  the  wire  used  in  the  construction  of  such  fences :  Pro- 
vided, That  the  wire  used  in  the  construction  of  such  fences 
shall  be  without  barbs :  Provided,  That  this  act  shall  not  apply 
to  any  stone  wall,  hedge  or  ornamental  fence  that  is  now  or 
may  hereafter  be  constructed."  *^ 

Index  Boards. 

211.  "The  supervisors  aforesaid,  shall  cause  posts  to  be  erected 
at  the  intersection  of  all  public  roads  within  their  respective 
townships,  (where  trees  are  not  convenient)  with  boards  firmly 
fixed  thereon,  and  index  hands  pointing  to  the  direction  of  such 
roads,  on  which  boards  shall  be  inscribed  in  large  and  legible 
characters,  the  name  of  the  town,  village,  or  place  to  which  such 
roads  may  lead,  and  the  distance  thereto,  computed  in 
miles."  ^^ 

42  Com.  vs.  Billheimer,  i  North.  145.  The  supervisors  will  be  indictable 
only  when  the  state  of  the  road  makes  it  a  public  nuisance.  When  it  is 
passable  for  the  vehicles  employed  by  all  except  five  or  six  persons,  it 
cannot  be  called  a  public  nuisance. 

43  Act  May  26,  1897,  P.  L.  98,  3  P.  &  L.  Dig.  529. 

44  Act  June  13,  1836,  P.  L.  551,  Sec.  61,  2  P.  &  L.  Dig.  4153. 


2l6  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

If  the  supervisor  neglects  this  duty  after  ten  days'  personal 
notice,  he  is  subject  to  a  penalty  not  to  exceed  ten  dollars.^^ 
Anyone  wilfully  destroying,  defacing  or  injuring  any  guide 
post,  erected  at  or  near  a  public  road  or  any  notice  put  up  at  any 
public  bridge,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars,  nor  more  than  fifteen  dollars,'*''' 

Obstructing  Highways. 

212.  Any  person  obstructing  any  public  road  or  highway, 
or  committing  a  nuisance  therein,  and  who  fails  on  notice  given 
by  the  supervisors  to  forthwith  remove  the  nuisance  and  repair 
the  damage  done,  shall  be  subject  to  a  penalty  of  not  less  than 
ten  dollars,  nor  more  than  forty  dollars.^'^  To  obstruct  a  high- 
way was  indictable  at  common  law.'*^  It  does  not  apply  to  the 
reasonable  and  temporary  use  of  the  highway  for  the  placing 
of  building  material  thereon. ^^ 

By  the  Act  of  May  2,  1901,^*^  disorderly  conduct  upon 
a  highway  is  defined,  and  made  punishable  by  a  fine,  or  upon 
default  in  its  payment,  by  commitment  to  the  county  jail  for  a 
period  not  exceeding  thirty  days.  From  the  conviction  an 
appeal  to  the  court  of  quarter  sessions  is  given  without  special 
allowance  upon  entering  into  a  recognizance  in  double  the 
amount  of  the  costs  and  fine,  conditioned  upon  the  appearance 
of  the  defendant  at  the  next  term. 

Obstruction  of  Crossings  by  Railroad  Companies. 

213.  The  obstruction  of  crossings  by  railroad  companies  or 
their  employes  subjects  the  agent  so  acting  to  a  penalty  of 
$25.00,  to  be  recovered  with  costs  in  the  name  of  the  Common- 

45  Act  June  13,  1836,  P.  L.  551,  Sec.  62,  2  P.  &  L.  Dig.  4153. 

46  Act  June  13,  1836,  P.  L.  551,  Sec.  69,  2  P.  &  L.  Dig.  4190. 

47  Act  June  13,  1836,  P.  L.  551,  Sec.  68,  2  P.  &  L.  Dig.  4190. 

48  Kelly  vs.  Commonwealth,  11  S.  &  R.  345.  The  Act  of  April  6,  1802, 
3  Sm.  L.  518,  had  made  it  a  statutory  offense  to  fail  to  remove  such  ob- 
struction on  notice. 

49  Mallory  vs.  Griffey,  85  Pa.  275. 

50  Act  May  2,  1901,  P.  L.  132,  4  P.  &  L.  Dig.  941. 


ROADS.  217 

wealth  of  Pennsylvania  before  a  justice  of  the  peace.  One- 
half  of  such  penalty  is  payable  to  the  informer,  and  the  remain- 
ing half  into  the  treasury  of  the  Commonwealth.^^ 

Extortion  by  Workmen. 

214.  Workmen  extorting  money  from  travelers  upon  the 
highways  are  subject  to  a  penalty  not  to  exceed  five  dollars.^^ 
And  if  such  be  done  with  the  connivance  of  the  supervisor  he 
shall  forfeit  a  sum  not  to  exceed  ten  dollars.^^ 

Operation  of  Machinery  on  Highways. 

215.  By  the  Act  of  June  30,  1885,^^  the  Legislature  recog- 
nized the  right  to  take  steam  machinery  over  public  highways, 
by  providing  certain  regulations  for  its  exercise.^^  The  legis- 
lation referred  to  provided  for  the  conduct  of  the  owner  in 
passing  other  vehicles,  and  directed  the  stopping  to  allow  others 
to  pass.  But  the  act  was  not  intended  to  license  the  unre- 
stricted use  of  steam  upon  the  public  highways  of  the  Com- 
monwealth. And  a  conviction  for  maintaining  a  public  nuis- 
ance was  sustained  where  the  traction  engine  was  used  con- 
tinuously in  drawing  stone  from  a  quarry  to  a  railroad  sta- 
tion.^^ 

51  Act  March  20,  1845,  P-  L.  191,  2  P.  &  L.  Dig.  4191. 

52  Act  June  13,  1836,  P.  L.  551,  Sec.  65,  2  P.  &  L.  Dig.  4189. 

53  Act  June  13,  1836,  P.  L.  551,  Sec.  66,  2  P.  &  L.  Dig.  4189. 

54  Act  June  30,  1885,  P.  L.  251,  2  P.  &  L.  Dig.  4235. 

55  CIulow  vs.  McClelland,  151   Pa.  583. 

56  Com.  vs.  Allen,  148  Pa.  358. 


CHAPTER  XXIL 

ROADS. 

— CONTINUED. 

SECTION 

SECTION 

2i6.  Vacation  of  roads. 

222.  Sidewalks. 

217.  State  roads. 

223.  Sidewalks  in  townships  of  the 

218.  State  roads,  continued. 

first  class. 

219.  State  roads,  continued. 

224.  Sidepaths. 

220.  Maintenance. 

225.  Water  troughs. 

221.  Turnpikes. 

Vacation  of  Soads. 

216.  The  route  as  opened  by  the  supervisors,  and  not  the 
survey  as  returned  by  the  viewers  controls  the  location.  If  a 
change  is  desired,  it  is  the  duty  of  the  supervisors  to  apply  to 
the  court  to  vacate  the  objectionable  part.^  So  in  narrowing 
a  road,  the  old  one  should  be  vacated,  and  a  new  one  laid  out.^ 
But  a  mere  public  user  without  a  location  by  the  proper  offi- 
cer, is  not  enough.^  Where  the  line  is  not  followed  as  fixed  by 
the  viewers,  the  land  included  within  their  survey  is  considered 
abandoned,  and  the  owner  is  not  answerable  for  subsequent 
obstructions  placed  thereon.^  The  land  owner  cannot  vacate 
a  portion  of  the  road  and  supply  a  new  part.® 

Provision  is  made  for  the  vacation  of  roads,  opened  or  un- 
opened, by  the  Act  of  June  13,  1836,^  and  its  supplements. 
And  by  the  Act  of  May  3,  1855,'^  for  roads  partly  opened.    The 


1  Commonwealth  vs.  Johnson,  134  Pa.  635. 

2  Cheltenham  Twp.  Road,  20  Montg.   19. 

3  Morrow  vs.  Commonwealth,  48  Pa.  305. 

4  Commonwealth  vs.  Miltenberger,  7  Watts  450. 

5  Commonwealth  vs.  Moore,  4  Kulp  71. 

6  Act  June  13,  1836,  P.  L.  551,  Sees.  18,  19,  2  P.  &  L.  Dig.  4I44-S- 

7  Act  May  3,  1855,  P.  L.  422,  2  P.  &  L.  Dig.  4145- 

218 


ROADS.  219 

twenty- fourth  section  of  the  Act  of  1836  enacts  that  whenever 
the  whole  or  any  part  of  the  road  shall  be  changed,  the  same 
shall  not  be  shut  up  or  stopped  until  the  road  laid  out  to  take 
the  place  thereof,  shall  be  actually  opened.  The  supervisors 
cannot  therefore  close  the  old  road  until  a  new  one  is  sup- 
plied.^ This  legislation  necessarily  implies  an  interval  be- 
tween the  making"  of  the  order  and  the  actual  vacation.®  The 
road  cannot  therefore  be  vacated,  when  it  is  the  terminus  of 
another  road  until  provision  has  been  made  to  supply  a  new 
outlet.^"  In  cases  of  necessity  the  old  road  may  be  closed  be- 
fore the  actual  opening  of  the  new  one,  but  this  must  be  a  real 
necessity  and  clearly  proved,  and  the  onus  of  so  proving  it  is 
on  him  who  so  acts.  That  it  is  easier,  cheaper  and  quicker  to 
close  it,  will  not  avail.  So  a  contractor  for  the  construction 
of  an  approach  to  a  county  bridge  has  no  right  to  obstruct  the 
public  road  lying  at  right  angles  to  the  approach  to  the  bridge 
without  real  necessity.^  ^ 

By  the  Act  of  May  i,  1901,^-  provision  is  made  for  the  vaca- 
tion of  county  roads  improved  under  the  provision  of  the  Act 
of  June  26,  1895,^^  In  such  case  a  portion  of  roads  so  va- 
cated shall  become  and  be  township  roads.  By  the  Act  of  June 
7,  1901,^^  the  procedure  in  the  case  of  the  vacation  of  high- 
ways in  townships  of  the  first  class  is  regulated.  Provision  has 
also'  been  made  for  the  temporary  vacation  of  roads  by  the 
court  of  common  pleas  when  necessary  for  the  holding  of  any 
agricultural  fair  or  exhibition. ^^     And  for  the  substitution  of 

8  Bridgeport  &  N.  C.  T.  Road,  171  Pa.  312. 

9  Susquehanna  River  Road,  i  Pearson  59;  In  re  Roads  in  Londonderry 
Township,  129  Pa.  244. 

10  Susquehanna  River  Road,  i  Pearson  59. 

11  Mellick  vs.   Penna.   R.   R.,  203   Pa.  457. 

12  Act  May  i,  1901,  P.  L.  no,  4  P.  &  L.  Dig.  1427. 

13  Act  June  26,  1895,  P.  L.  336,  3  P.  &  L.  Dig.  520. 

14  Act  June  7,  1901,  P.  L.  510,  4  P.  &  L.  Dig.  1428. 

15  Act  March  18,  1875,  P-  L.  34,  2  P.  &  L.  Dig.  4193. 


220  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

roads  by  railroad  companies  at  their  expense  when  necessary.^® 
So  the  location  may  be  changed  to  avoid  grade  crossings.^ '^ 

State  Roads. 

217.  Section  7  of  article  3  of  the  Constitution  provides  that 
the  General  Assembly  shall  not  pass  any  local  or  special  law 
authorizing  the  laying  out,  opening,  altering  or  maintaining 
of  roads,  highways,  streets  or  alleys.  Prior  to  1874  local  acts 
providing  for  the  laying  out  of  special  roads  were  frequent. 
Such  usually  designated  the  road  commissioners,  who  should 
lay  out  the  highway,  as  well  as  the  manner  in  which  the  ex- 
pense should  be  met.  These  acts  were  construed  strictly.  So 
where  provision  was  made  for  the  payment  of  one-half  of  the 
road  taxes  collected  in  a  township  yearly,  until  the  highway 
was  completed,  the  liability  ceased  upon  the  completion  of  the 
work,  though  the  indebtedness  was  not  liquidated.^ ^  Such 
local  acts  were  constitutional  though  the  township  might  be 
compelled  to  pay  a  greater  sum  than  would  be  expended  in 
building  the  portion  of  the  road  within  its  own  limits.^ ^  And 
it  was  held  to  be  immaterial  that  no  provision  was  made  for 
the  securing  of  rights  of  way,  and  that  the  obtaining  of  such 
was  not  a  prerequisite  to  the  awarding  of  contract  for  con- 
struction.^^ They  were  unconstitutional,  where  the  costs  were 
directed  to  be  paid  by  individuals  living  within  certain  dis- 
tances of  the  road  to  the  exclusion  of  the  other  inhabitants  of 
the  township.2^ 

Warrants  issued  in  payment  by  such  road  commissioners 
were  not  negotiable,  and  the  holder  could  not  sue  in  his  own 
name.^^     A  demand  upon  the  treasurer  was  necessary  before 

16  Act  Feb.  19,  1849,  P.  L.  79,  Sec.  13,  2  P.  &  L.  Dig.  3924. 

17  Act  June  7,  1901,  P.  L.  531,  4  P.  &  L.  Dig.  1384. 

18  Lumber  Township  vs.  Cameron  County,  134  Pa.  105. 

19  Mahanoy  Township  vs.  Comry,  103  Pa.  362. 

20  East  Union  Township  vs.  Comrey,  100  Pa.  362. 

21  Washington  Avenue,  69  Pa.  352. 

22  East  Union  Township  vs.  Ryan,  86  Pa.  459;  Comrey  vs.  East  Union 
Township,  202  Pa.  442. 


ROADS.  22 1 

the  institution  of  an  action  to  recover.^^  But  not  upon  the  su- 
pervisors."'*  From  the  time  the  right  of  action  accrued,  inter- 
est was  allowable,  although  the  warrants  did  not  bear  interest 
from  their  dates.^^  Payment  of  the  certificate  holders  could 
not  be  enforced  by  mandamus  against  the  township  treasurer, 
tax  collectors  and  the  county  treasurer,  without  joining  the  su- 
pervisors. It  was  a  duty  to  first  bring  suit  and  obtain  judg- 
ment.^® Nor  could  the  treasurer  be  compelled  by  mandamus 
to  pay  money  to  road  commissioners  appointed  under  an  act 
subsequently  repealed."'^  The  township  could  compel  by  man- 
damus the  payment  to  it  of  moneys  in  the  hands  of  the  county 
treasurer  received  from  road  taxes  and  belonging  to  the  town- 
ship, since  his  duty  was  purely  ministerial.^^  And  the  certificate 
holder  could  recover  in  an  action  of  assumpsit  against  the  town- 
ship, though  he  was  not  entitled  to  set  off  the  same  against  his 
road  taxes. ^^  The  sum  collected  was  to  be  appropriated  to  the 
purposes  named  in  the  act,  and  was  not  to  be  used  for  the  pay- 
ment of  attorney  fees.^^  The  fact  that  suit  had  been  brought 
upon  one  warrant  drawn,  during  the  course  of  the  work,  did 
not  prevent  a  second  action  on  subsequent  warrant  issued. ^^  It 
was  no  defense  to  such  actions  that  the  road  had  not  been  com- 
pleted.^^ Where  the  road  commissioners  have  been  directed  to 
open  the  road,  they  may  be  indicted  for  failure  to  do  so.^^ 

State  Roads,  Continued. 

2 1 8.  By  the  Act  of  May  23,  1878,^^  the  supervisors  of  the 

23  East  Union  Township  vs.  Ryan,  86  Pa.  459. 

24  East  Union  Township  vs.  Comrey,  100  Pa.  362. 

25  Mahanoy  Township  vs.   Comry,  103  Pa.  362. 

26  Commonwealth  vs.  Thompson,  86  Pa.  442. 

27  Thompson  vs,  Commonwealth,  81  Pa.  314. 

28  Porter  Township  Road,  i   Walker   10. 

29  Porter  Township  Road,  i  Walk.  16. 

30  Porter  Twp.  Road,  i  Walk.  21. 

31  East  Union  Township  vs.  Comrey,  9  Atl.  290,  s.  c.  8  Cent.  434. 

32  East  Union  Township  vs.  Comrey,  100  Pa.  362 ;  East  Union  Township 
vs.  Comrey,  9  Atl.  290,  s.  c.  Cent.  434. 

23  Commonwealth  vs.  Reiter,  78  Pa.  161. 

34  Act  May  23,  1878,  P.  L.  102,  2  P.  &  L.  Dig.  4139. 


222  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

several  townships  are  authorized  to  take  full  charge  of  the 
State  roads,  which  have  been  laid  out  and  to  keep  them  in  order. 
The  same  legislation  authorizes  the  levy  of  a  special  tax  to  pay 
the  expense  of  opening  or  laying  out  any  such  public  highway. 
The  accounts  of  the  supervisors,  in  such  case,  are  to  be  settled 
with  the  auditors  of  the  respective  townships  in  the  same  man- 
ner as  the  other  accounts  are  settled.  The  provisions  of  this 
act  do  not  apply  to  counties  having  a  population  greater  than 
75,000  inhabitants ;  nor  to  any  State  road  the  accounts  of  which 
have  been  closed  up,  and  the  money  distributed  by  virtue  of 
any  Act  of  Assembly  or  decree  of  court.  State  roads  author- 
ized prior  to  the  Constitution  of  1874,  but  not  opened  before 
1876  cannot  be  now,  unless  the  provisions  of  the  Act  of  May 
2,  1876,^^  have  been  complied  with,  which  directed  a  vote  of 
the  inhabitants  of  said  township  within  two  years  after  the  pas- 
sage of  the  act,  and  unless  such  vote  was  in  favor  of  such  com- 
pletion. 

State  Koads,  Continued. 

219.  By  the  Act  of  June  26,  1895,^^  a  general  system  for 
the  construction  of  State  highways  was  provided.  This  legis- 
lation was  constitutional.^"  By  subsequent  enactment,^^  the 
Act  of  1895  was  practically  supplanted.  All  that  is  left  of  it 
is  the  authority  given  to  the  county  commissioners  to  take 
over  a  township  road  as  a  county  road  and  pay  the  local  part 
of  the  expense  of  so  doing.^^ 

The  Act  of  1903  created  a  State  highway  department  and 
provided  for  the  improvement  of  highways  in  townships  or  be- 
tween boroughs  and  townships  on  petition  of  the  county  com- 
missioners. When  such  request  is  granted,  plans  are  to  be  pre- 
pared, with  estimates,  of  the  expense  of  the  work,  and  the  re- 

35  Act  May  2,  1876,  P.  L.  95,  Sec.  i,  2  P.  &  L.  Dig.  4137. 

36  Act  June  26,  189S,  P.  L.  336,  3  P.  &  L.  Dig.  520. 

37  Middletown  Road,  15  Pa.  Sup.  167. 

38  Act  April  IS,  1903,  P.  L.  188. 

39  Township  Roads,  28  Pa.  C.  C.  497. 


ROADS.  223 

suit  of  the  same  reported  to  the  county  commissioners,  and  the 
supervisors  of  the  township  or  townships  in  which  the  said 
highway  hes.  If  the  commissioners  and  supervisors  decide  that 
it  is  available  to  undertake  the  work,  the  State  highway  de- 
partment may  contract  jointly  with  the  county,  township  or 
townships  to  carry  out  the  recommendation.  The  cost  of  the 
same  is  to  be  borne  662-3  P^^"  centum  by  the  State,  16  2-3  per 
centum  by  the  county  and  16  2-3  per  centum  by  the  township  or 
townships  in  which  the  portions  of  the  highway  to  be  improved 
may  lie.  All  of  the  work  is  to  be  done  by  contract  according 
to  the  plans  and  specifications  prepared  by  the  State  highway 
commissioner  and  approved  by  the  county  commissioners  and 
supervisors.  In  awarding  the  contract  to  the  lowest  bidder,  the 
State  highway  commissioner,  the  county  commissioners  or  the 
township  supervisors  retain  the  right  to  reject  any  of  the  bids, 
if  they  consider  the  same  imreasonable.  The  township  through 
its  supervisors  may  bid  for  the  construction  of  the  portion  of  the 
road  within  its  own  limits.  Upon  completion  of  the  work,  the 
cost  is  to  be  apportioned  in  the  ratio  already  stated.  The  share 
of  the  township  or  townships  shall  be  paid  by  the  township  su- 
pervisors or  the  commissioners,  as  other  debts  of  the  said  town- 
ship or  townships  are  paid.  Partial  payments  of  not  more  than 
two-thirds  of  the  contract  price  may  be  made  in  advance  of  the 
full  completion  of  the  work  upon  the  approval  of  the  State 
highway  commissioner.  For  the  purpose  of  securing  the  fund 
necessary  for  the  payment  of  the  township's  share  a  cash  road 
tax  is  authorized.  No  work  shall  be  begun,  however,  until  the 
county  commissioners  and  supervisors  of  the  township  enter 
into  a  contract  to  assume  their  respective  share  of  the  costs. 

In  addition  to  the  cash  road  tax  provided  by  this  act,  the 
township  is  authorized  to  incur  indebtedness  or  to  issue  bonds 
in  the  manner  authorized  by  law  for  the  payment  of  the  town- 
ship's share  of  the  cost  of  the  highway's  improvement. 

The  township  supervisors  may  petition  the  county  commis- 
sioners for  the  reconstruction  of  a  highway,  who  in  turn,  by 


224  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA, 

resolution,  may  petition  the  highway  department.  If  the 
county  commissioners  fail  to  act  upon  such  petition,  the  super- 
visors may  apply  to  the  court  of  quarter  sessions  for  the  ap- 
pointing of  a  jury  of  viewers  to  examine  into  the  necessity  of 
the  proposed  improvement.  The  supervisors  of  adjacent  town- 
ships may  join  in  such  petition. 

If  within  thirty  days  after  the  receipt  of  any  petition  for 
highway  improvement  in  any  township,  under  the  provisions  of 
this  act,  a  petition  signed  by  the  owners  of  a  majority  of  the 
assessed  valuation  of  real  estate  in  said  township  is  received 
by  the  county  commissioners  of  the  county  in  which  the  town- 
ship is  located,  protesting  against  said  proposed  expenditure  on 
the  part  of  the  township,  then  the  county  commissioners  will 
take  no  action  on  the  petition,  but  shall  return  the  same  to 
the  supervisors.  So  the  owners  of  a  majority  of  the  assessed 
valuation  of  real  estate  may  request  the  supervisors  or  the 
commissioners  of  the  township  to  petition  the  county  com- 
missioners.^^ 

Maintenance. 

220.  Ten  per  centum  of  the  amount  available  for  highway 
purposes  shall  be  set  aside  for  the  maintenance  of  highways, 
and  shall  be  apportioned  by  the  State  highway  commissioner 
among  the  townships  or  counties  applying  for  the  same  in  pro- 
portion to  the  mileage  of  improved  highways  made  under  the 
provision  of  this  act,  or  which  have  already  been 
made,  or  may  hereafter  be  made,  at  the  expense 
of  such  township  or  counties,  and  which  are  of  the 
standard  prescribed  by  the  State  highway  department  for  im- 
proved highways.  To  secure  this  assistance,  a  sworn  petition 
of  the  supervisors  or  commissioners  must  be  filed  with  the 
State  highway  department,  giving  the  number  of  miles  of 
highways  improved,  and  the  cost  of  the  same  to  the  township, 
together  with  the  condition  of  said  improved  highways,  and 

40  Act  April  IS,  1903,  P.  L.  188. 


ROADS.  225 

the  average  annual  cost  of  maintaining  the  same.  The  State 
commissioner  of  highways  may,  if  conditions  warrant  it,  ap- 
portion to  the  said  township  its  proportion  of  the  total  amount 
available,  but  in  no  case  shall  more  be  paid  than  one-half  of 
the  annual  cost  of  maintaining  the  improved  highway.^ ^  Under 
this  act  a  township  is  entitled  to  State  aid  in  reconstructing  a 
road  destroyed  by  an  extraordinary  rain  storm  and  originally 
built  under  the  provisions  of  the  Act  of  June  26,  1895.'*^ 

Turnpikes. 

221.  By  the  Act  of  April  19,  1844,*^  turnpike  roads  con- 
demned or  abandoned  were  declared  to  be  county  roads,  and 
the  supervisors  of  the  various  townships  were  directed  to  keep 
the  same  in  repair.  This  act  was  extended  to  plank  roads  by  the 
Act  of  March  16,  i867.'*'^  The  abandonment  of  a  turnpike  road 
does  not  affect  the  existence  of  the  road  as  a  public  highway, 
but  it  is  thenceforth,  to  be  maintained  in  good  order  by  the  mu- 
nicipality within  which  the  road  is  located.^^  Turnpike  roads 
condemned  under  the  provision  of  the  Act  of  June  2,  1887,'*^ 
are  to  be  properly  repaired  and  maintained  at  the  expense  of  the 
proper  city,  township  or  district,  as  other  public  roads  or 
streets  therein  are  by  law  repaired  and  maintained.  This  lia- 
bility to  keep  the  condemned  roads  in  repair  is  only  incidental, 
and  the  township  is  not  a  party  to  the  condemnation  proceed- 
ing, and  there  is  therefore  no  necessity  of  giving  notice  to  it.^'^ 
Like  provisions  for  care  of  roads  condemned,  where  they  are 
located  in  whole  or  in  part  upon  a  line  dividing  two  counties 
are  made  by  the  Act  of  April  28,  1899.^^ 

41  Act  April  15,  1903,  P.  L.  188. 

42  South  Bethel  Twp.  Road,  29  Pa.  C.  C.  95. 

43  Act  April  19,  1844,  P.  L.  314,  Sees.  8  and  9,  2  P.  &  L.  Dig.  4154. 

44  Act  March  16,  1867,  P.  L.  ZT,  2  P.  &  L.  Dig.  4154. 

45  Pittsburg  M.  &  Y.  R.  Co.  vs.  Com.  104  Pa.  583. 

46  Act  June  2,  1887,  P.  L.  306,  2  P.  &  L.  Dig.  4769. 

47  In  re  Condemnation  of  Harrisburg  &  Cornwall  Turnpike,  2  Dauphin 
Co.  51. 

48  Act  April  28,  1899,  P.  L.  79,  Sec.  11,  4.  P.  &  L.  Dig.  1502. 


226  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

By  the  Act  of  April  5,  1870/'"*  the  supervisors  are  authorized 
to  take  possession  of  abandoned  turnpikes  or  plank  roads,  when 
the  company  has  failed,  after  a  space  of  thirty  days,  to  keep 
the  same  in  repair.  From  such  time,  it  shall  be  considered  a 
county  road,  free  of  tolls,  until  the  company  or  other  person 
claiming  the  same,  shall  pay  the  supervisors  of  the  township 
for  the  use  of  the  township,  all  sums  of  money,  and  for  all  la- 
bor, with  interest,  by  the  several  supervisors  expended  on  such 
road.  It  would  seem  that  the  supervisors  may  restrain  the 
taking  possession  of  the  abandoned  road,  and  the  charging  of 
tolls  thereon  until  the  township  has  been  reimbursed. ^*^  But 
equitable  relief  must  be  promptly  asked  for,  and  it  will  not  be 
granted  where  no  objection  has  been  made  for  sixteen  years 
after  repossession  has  been  taken  and  money  expended.^ ^ 

A  turnpike  company  whose  road  runs  through  unseated 
lands  may  by  its  proper  authorities  abandon  its  road  and  give 
official  notice  to  the  supervisors  of  the  proper  township  that  it 
has  abandoned  all  its  right,  interest  and  title  in  such  turnpike, 
or  a  part  thereof,  and  where  by  acceptance  or  user,  such  aban- 
doned turnpike,  or  part  thereof,  has  become  a  township  road,  in 
every  such  case,  such  road  or  part  thereof,  shall  become  a 
county  road,  and  kept  in  proper  condition  and  repair  by  the 
county  commissioners  of  the  proper  county.^^ 

Sidewalks. 

222.  Unless  by  virtue  of  special  legislation,^^  there  is  no 
general  statutory  duty  requiring  the  township  to  make  foot- 
walks.  The  construction  of  such  by  a  citizen,  even  though  the 
work  was  done  in  part  by  the  supervisor,  will  not  impose  lia- 
bility upon  the  township,  for  injury  resulting  from  its  defec- 

49  Act  April  5,  1870,  P.  L.  48,  Sec.  2,  2  P.  &  L.  Dig.  4763. 

50  Schload  vs.  Clay  and  Hinkletown  Turnpike  Company,  192  Pa.  40. 

51  Nesinger  vs.  Clay  and  Hinkletown  Turnpike  Co.,  203  Pa.  265. 

52  Act  July  10,  1901,  P.  L.  650,  4  P.  &  L.  Dig.  1496. 

53  Note. — E.  g.  the  Act  of  April  15,  1869,  for  Bucks  County;  Benjamin 
Borough  Incorporation,  17  Pa.  C.  C.  531. 


ROADS.  227 

tive  condition.^'*  By  the  Act  of  May  7,  1889,^^  the  right  was 
given  to  abutting  owners  of  land  to  lay  out  and  build  one  side- 
walk along  the  public  highway  as  far  as  said  persons'  lands 
extended  along  the  same.  Such  footwalks  cannot  be  of 
greater  width  than  four  feet,  and  are  to  be  constructed  and 
kept  in  repair  by  the  land  owner  at  his  own  expense.  By  the 
Act  of  June  26,  1895,^^  the  supervisors  are  authorized  upon  the 
request  of  any  land  owner,  whose  land  fronts  upon  the  public 
highway,  within  such  township,  to  establish  a  proper  width  and 
location  for  a  sidewalk  along  each  side  of  said  highway  along 
the  lands  of  said  owner,  which  width  of  walk  on  each  side  of 
said  highway  shall  not  be  less  than  six  feet  for  roads  of  fifty 
feet  in  width  or  less,  and  for  roads  in  excess  of  fifty  feet  in 
width  shall  be  ten  feet  in  width,  and  when  said  sidewalks  are 
established  it  shall  be  the  duty  of  such  land  owner  to  pay  for 
and  keep  the  same  in  repair.  When  the  footwalk  has  been  es- 
tablished, any  person  wilfully  injuring  or  obstructing  it  is 
guilty  of  a  misdemeanor,  and  upon  conviction  may  be  punished 
by  a  fine  not  to  exceed  $10.00,  or  imprisonment  in  the  county 
jail  for  a  period  not  to  exceed  thirty  days,  or  either,  in  the  dis- 
cretion of  the  court.^^  By  the  Act  of  April  6,  1868,^^  a  pen- 
alty was  imposed  for  driving  upon  sidewalks,  and  by  the  Act 
of  May  7,  1889,^^  a  penalty  was  imposed  for  obstructing  any 
footwalk. 

Sidewalks  in  Townships  of  the  First  Class. 

223.  Whenever  the  owner  of  property  fronting  on  either 

54  Chartiers  Township  vs.  Langdon,  114  Pa.  541;  Langdon  vs.  Char- 
tiers  Township,  131  Pa.  77;  Chartiers  &  Robinson  Turnpike  Road  Co.  vs. 
Nester,  7  Atl.  162. 

55  Act  May  7,  1889,  P.  L.  no,  2  P.  &  L.  Dig.  4230. 

56  Act  June  26,  1895,  P.  L.  324,  3  P.  &  L.  Dig.  529. 

57  Act  April  28,  1899,  P.  L.  78,  4  P.  &  L.  Dig.  945.  Query. — Does  this  act 
apply  only  to  sidepaths  as  provided  for  by  the  Act  of  April  11,  1899,  P.  L. 
36,  or  to  all  sidewalks ;  See  Porter  vs.  Shields,  200  Pa.  241. 

58  Act  April  6,  1868,  P.  L.  67,  2  P.  &  L.  Dig.  4192. 

59  Act  May  7,  1889,  P.  L.  no,  2  P.  &  L.  Dig.  4192. 

15 


228  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

side  of  a  public  highway  in  any  village  in  the  township  re- 
quests by  petition  that  a  sidewalk,  with  or  without  curbing,  be 
constructed  along  the  side  of  streets  or  highways  at  the  ex- 
pense of  the  property  owners,  and  it  shall  appear  that  the  pe- 
tition includes  the  owners  of  a  majority  of  frontage  in  lineal 
feet  on  that  side  of  the  highway  where  the  sidewalk  is  desired, 
it  shall  be  lawful  for  the  board  of  township  commissioners,  by 
ordinance  duly  adopted  to  require  the  owners  of  property  abut- 
ting on  that  side  of  the  highway,  where  the  sidewalk 
is  desired,  between  designated  points,  to  grade  and  pave 
and,  if  necessary,  to  curb  the  sidewalk  in  front  of  their 
respective  property,  in  the  manner  prescribed  by  the  or- 
dinance. If  the  owners  fail  to  cause  such  paving  and 
curbing  to  be  done  within  sixty  days  from  notice,  it  shall  be 
lawful  for  the  board  of  township  commissioners  to  cause  the 
same  to  be  done,  and  to  collect  the  cost  thereof  from  the  abut- 
ting property  owners,  in  proportion  to  their  frontage.  And  if 
the  same  shall  not  be  paid,  to  file  a  lien  therefor,  in  the  nature 
of  a  municipal  lien  on  the  abutting  property  in  the  court  of 
common  pleas  of  the  county,  and  to  include  therein  a  penalty 
of  20  per  centum  of  the  amount  of  the  cost  of  the  work.^*^ 
Section  seven  of  the  same  act,^^  provides  for  the  paving  and 
curbing  of  sidewalks  in  villages. ^^  By  Act  of  April  23,  1903,®^ 
township  commissioners  are  given  power  to  survey,  lay  out, 
enact  and  ordain  footwalks,  pavements,  boardwalks, 
culverts  and  drains  over  and  upon  lands  abutting 
on  or  alongside  of  turnpike  roads,  where  the  same 
pass  through  any  town  or  village,  and  fix  the  size  and 
width  thereof,  and  require  the  paving  and  curbing  by 
owners  of  land  fronting  thereon,  in  accordance  with  the  terms 
of  the  ordinance.    Damages  and  benefits  to  property  caused  by 

60  Act  April  28,  1899,  P.  L.  104,  Sec.  12,  4  P.  &  L.  Dig.  923,  see  Act  April 
23,  1903,  P.  L.  265,  Sec.  I. 

61  Sec.  7  same  Act,  4  P.  &  L.  Dig.  917. 

62  Re-enacted  May  24,  1901,  P.  L.  297. 

63  Act  April  23,  1903,  P.  L.  265. 


ROADS.  229 

such  action  shall  be  assessed  and  paid  for  as  provided  by  ex- 
isting" laws  relating  to  the  widening  of  roads  and  streets  by 
township  commissioners.  On  the  failure  of  owners  of  land  to 
comply  with  the  provision  of  the  ordinance,  within  the  time 
prescribed,  the  township  commissioners  may  cause  the  work 
to  be  done,  and  collect  from  the  owners  the  costs  of  the  work 
and  materials,  with  a  penalty  of  ten  per  centum  to  cover  the 
expense  of  collection  and  file  a  municipal  claim  therefor  against 
the  abutting  property  in  the  manner  prescribed  by  law. 

No  claim  shall  be  filed  for  curbing,  recurbing,  paving,  re- 
paving  or  repairing  the  footways  of  any  highway,  unless  the 
owner  shall  neglect  to  do  such  work  in  such  a  length  of  time 
as  may  be  prescribed  by  the  ordinance,  after  notice  so  to  do 
is  served  upon  him  or  his  agent,  or  the  person  in  possession  of 
the  property ;  except  when  in  the  case  of  curbing  or  recurbing 
or  repaving  the  footway,  it  shall  form  part  of  an  improvement 
resulting  also  in  the  paving,  macadamizing  or  otherwise  im- 
proving the  cartway  of  said  highway.  If  there  be  no  agent  or 
party  in  possession,  it  may  be  posted  on  the  most  public  part  of 
the  property.^^ 

Sidepaths. 

224.  By  the  Act  of  April  11,  1899,^^  provision  was  made  for 
the  construction  and  maintenance  of  sidepaths  along  the  high- 
way in  townships  for  the  use  of  bicycles  and  pedestrians.  This 
legislation  provided  for  the  appointment  of  sidepath  commis- 
sioners and  prescribed  their  duties.  By  it  a  tax  was  to  be  levied 
for  the  payment  of  the  expenses.  This  legislation  has  been 
held  to  be  unconstitutional,  in  that  it  provides  for  the  appoint- 
ment of  special  commissioners  to  exercise  municipal  functions, 
and  is  therefore  contrary  to  article  3,  section  20  of  the  Consti- 
tutioni^^  Even  if  the  intention  of  the  act  was  not  to  create 
special  commissioners,  but  to  provide  for  officers  with  powers 

64  Act  June  4,  1901,  P.  L.  364,  Sec.  8,  4  P.  &  L.  Dig.  1256. 

6s  Act  April  11,  1899,  P.  L.  36. 

66  Commonwealth  vs.  Smith,  9  D.  R.  350,  s.  c.  23  Pa.  C.  C.  646. 


230  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

not  now  possessed  by  townships,  then  the  act  is  open  to  the 
constitutional  objection  that  the  sidepath  commissioners  are 
county  officers,  and  as  such  cannot  be  appointed  by  the  court  of 
quarter  sessions  as  provided  by  the  act,  but  must  be  elected  at 
the  general  election. ^'^ 

Water    Troughs. 

225.  Under  the  supervision  of  the  supervisors  or  road  com- 
missioners, any  person  may  erect  and  maintain  a  water  trough 
along  a  public  road  of  not  less  than  six  feet  in  length,  twelve 
inches  in  width  and  ten  inches  in  depth  in  the  clear,  of  either 
wood  or  iron  or  stone,  and  have  pure,  clear  water  continually 
running  in  the  same,  except  in  freezing  weather,  and  erected  of 
sufficient  height  and  easy  access  suitable  for  the  watering  of 
horses  and  cattle.  For  such,  an  allowance  of  five  dollars  an- 
nually is  to  be  made  from  the  road  tax  for  the  service.  Only  one 
trough  within  a  distance  of  five  miles  is  to  be  paid  for.  If  the 
water  cannot  be  secured  by  pipes,  a  pump  may  be  provided,  for 
the  use  of  any  person  desiring  water.  In  such  case  the  owner 
shall  be  entitled  to  the  same  annual  pay.  If  individuals  fail  to 
furnish  such  trough,  the  supervisors  or  road  commissioners 
may,  with  the  consent  of  the  owner  of  the  land,  erect  such 
trough  and  keep  the  same  in  proper  repair  at  an  annual  expense 
not  to  exceed  five  dollars.^^ 

Any  person  who  shall  wantonly  destroy  or  injure  a  trough, 
or  who  shall  commit  any  nuisance  upon  or  near  the  same,  shall 
be  liable  to  prosecution  before  a  justice  of  the  peace,  and  upon 
conviction  be  punished  by  a  fine  not  to  exceed  $20.00.  If  he 
shall  refuse  to  pay  the  same,  he  may  be  committed  to  the  county 
prison  for  a  period  not  to  exceed  ten  days.^^ 

(ij  Porter  vs.  Shields,  200  Pa.  241.  This  decision  renders  it  unnecessary 
to  consider  the  cases  of  Westgate  vs.  Spalding,  8  D.  R.  490,  and  Armitage 
vs.  Crawford  County,  24  Pa.  C.  C.  207,  in  which  the  question  of  the  con- 
stitutionality of  the  act  was  not  raised. 

68  Act  April  28,  1876,  P.  L.  51,  as  amended  by  Act  of  June  25,  1885,  P.  L. 
168,  2  P.  &  L.  Dig.  4230-1. 

69  Act  April  28,  1876,  P.  L.  51,  Sec.  4,  2  P.  &  L.  Dig.  4232. 


CHAPTER  XXIII. 


BRIDGES. 


226.  Duty  as  to  bridges.  233.  Rebuilding  bridges. 

227.  Cost  of  bridge.  234.  Abandoned     and      destroyed 

228.  Bridges  on  boundaries.  bridges. 

229.  Bridges  on  county  lines.  235.  Bridges  over  railroads. 

230.  Approaches.  236.  Notices  on  bridges. 

231.  Repairs.  237.  Penal  provisions. 

232.  Alterations  in  county  bridges. 

Duty  as  to  Bridges. 

226.  It  is  the  duty  of  the  supervisors  in  making  and  repair- 
ing pubHc  roads  to  make  and  maintain  within  their  respective 
townships  sufficient  causeways  of  stone  or  timber  on  marshy 
or  swampy  ground ;  and  also  to  maintain  sufficient  bridges  over 
all  small  creeks  and  rivulets  and  deep  gullies,  where  the  same 
shall  be  necessary  for  the  use  and  safety  of  travelers.^  Con- 
tracts for  the  building  of  such  bridges  must  be  entered  into  by 
the  supervisors  jointly.^  They  may  contract  for  the  building 
of  roads  with  bridges,  though  the  effect  might  be  to  deprive 
some  of  the  taxpayers  of  their  power  to  work  out  their  road 
taxes. ^  And  it  is  no  defense  to  an  action  upon  such  contract, 
that  taxes  remain  unpaid,  and  that  carpenters  reside  in  the 
township,  who  are  willing  to  work  out  their  road  taxes  in  the 
construction  of  the  bridge.^  The  duty  imposed  upon  the  super- 
visors to  erect  proper  bridges  may  be  enforced  by  indictment, 

1  Act  June  13,  1836,  P.  L.  551,  Sec.  31,  2  P.  &  L.  Dig.  4152. 

2  Commonwealth  vs.  Killinger,  i  Pearson  257 ;  Cooper  vs.  Lampeter 
Township,  8  Watts  125. 

3  Childs  vs.  Brown  Twp.,  40  Pa.  332. 

4  Oakland  Twp.  vs.  Martin,  104  Pa.  302. 

231 


232  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

and  therefore  a  writ  of  mandamus  will  not  be  granted.^  The 
same  determination  was  made  in  Garman  vs.  Carroll  and 
Spring  Townships  *  on  the  ground  that  the  necessity  for  the 
erection  of  a  foot  log  was  a  matter  within  the  discretion  of  the 
supervisors.  In  Billman  vs.  Carroll  Township  Supervisors  "^ 
a  writ  of  mandamus  was  granted  to  compel  supervisors  to  re- 
place a  foot  bridge,  the  duties  having  been  ascertained. 

Cost  of  Bridge. 

227.  When  a  river,  creek  or  rivulet,  over  which  it  may  be 
necessary  to  erect  a  bridge,  crosses  a  public  road  or  highway, 
and  the  erection  of  such  bridge  requires  more  expense  than  it  is 
reasonable  that  one  or  two  adjoining  townships  should  bear, 
the  court  of  quarter  sessions  having  jurisdiction  shall,  on  rep- 
resentation of  the  supervisors,  or  on  petition  of  inhabitants  of 
any  township,  order  a  view  in  the  manner  provided  for  in  the 
case  of  roads.  And  if  on  the  report  of  the  viewers,  it  shall  ap- 
pear to  the  court,  grand  jury  and  commissioners  that  such 
bridge  is  necessary,  and  would  be  too  expensive  for  such  town- 
ship, it  shall  be  entered  on  the  record  as  a  county  bridge.*  The 
commissioners,  after  the  report  of  the  viewers  is  approved  by 
the  court  and  grand  jury,  may  assist  one  or  two  adjoining 
townships  in  the  expense  of  building  the  bridge,  when  it  is  too 
great  for  the  township  to  bear,  though  they  do  not  think  it  ad- 
visable to  enter  such  bridge  on  record  as  a  county  bridge.  The 
effect  of  this  legislation  is  to  empower  county  commissioners 
to  aid  local  communities  in  building  county  bridges,  without 
adopting  any  bridge  in  question,  wholly  as  a  county  bridge.® 

5  Commonwealth  vs.  Killinger,  i   Pearson  257. 

6  Garman  vs.  Carroll  and  Spring  Twps.,  i  D.  R.  530. 

7  Billman  vs.  Carroll  Twp.  Supervisors,  i  Pa.  C.  C.  129. 

8  Act  June  13,  1836,  P.  L.  551,  Sec.  35,  2  P.  &  L.  Dig.  4156;  Common- 
wealth vs.  Commissioners  of  Monroe  Co.,  2  W.  &  S.  495 ;  Act  May  25,  1887, 
P.  L.  267,  2  P.  &  L.  Dig.  4167,  amended  by  Act  March  27,  1903,  P.  L.  74; 
See  Act  April  28,  1899,  P.  L.  91,  Sec.  i,  4  P.  &  L.  Dig.  1435. 

9  Westfield  Borough  vs.  Tioga  County,  150  Pa.  152. 


BRIDGES.  233 

They  may  either  build  the  bridge,  or  a  portion  thereof,  or 
furnish  money  with  which  this  is  to  be  done.^*^  When  such 
assistance  is  given  a  record  of  the  proceedings  is  to  be  kept,^^ 
and  such  bridge  shall  be  maintained,  kept  in  repair  and  rebuilt 
when  necessary  by  the  respective  township  or  townships,  and 
the  county  shall  in  no  event  be  liable  for  the  same.^- 

Bridges  on  Boundaries. 

228.  Where  a  small  creek,  over  which  a  bridge  may  be  nec- 
essary shall  be  on  the  boundary  or  division  line  of  townships, 
the  bridge  shall  be  built  and  maintained  at  the  joint  and  equal 
expense  of  the  said  townships  by  their  respective  supervisors, 
in  the  manner  directed  by  law  in  the  case  of  public  roads, 
which  may  be  the  division  line  of  townships.^ ^  Where  one  of 
the  districts  refuses  upon  notice  to  aid  the  other  in  the  con- 
struction of  the  bridge,  one  may  build  and  collect  the  pro- 
portionate share  from  the  other  township.^*  Where  the  lines 
of  the  districts  do  not  abut,  but  end  respectively  upon  the 
bank  of  a  stream,  the  act  does  not  apply,  and  a  recovery  cannot 
be  had  from  the  township  which  refuses  to  join.^^  In  building 
causeways,  the  supervisors  must  act  in  such  a  manner  as  to 
do  as  little  damage  as  possible,  but  no  recovery  can  be  had  from 
them  for  injury  to  private  property  caused  by  the  obstructing 
of  water  by  causeways,  where  it  is  not  shown  to  have  been 
done  with  malicious  intent;  or  with  such  reckless  and  wanton 
disregard  of  the  interests  of  others  as  would  be  equivalent 
thereto.^®  Where  a  joint  bridge  has  been  erected,  it  is  the 
duty  of  the  districts  jointly  to  keep  the  same  in  repair.^^     And 

10  Westfield  Borough  vs.  Tioga  County,  150  Pa.  152;  Com.  vs.  Swatara 
Twp.,  5  Dauph.   173. 

11  Com.  vs.  Swatara  Twp.,  5  Dauph.  173. 

12  Act  June  11,  1879,  P.  L.  146,  Sec.  2,  2  P.  &  L.  Dig.  4168. 

13  Act  June  13,  1836,  P.  L.  551,  Sec.  34,  2  P.  &  L.  Dig.  4155. 

14  Pottsville  Borough  vs.  Norwegian  Township,  14  Pa.  543. 

15  Gouldsboro  Borough  vs.  Coolbaugh  Township,  87  Pa.  48. 

16  Yealy  vs.  Fink,  43  Pa.  212. 

17  Rapho  &  West  Hempfield  Twp.  vs.  Moore,  68  Pa.  404. 


234  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

where  the  supervisors  of  each  district  have  fixed  a  dividing  Hne, 
each  must  repair  its  share  of  the  bridge,  and  each  will  be  liable 
for  injury  resulting  from  the  negligence  upon  its  own  part.^^ 

By  the  Act  of  July  g,  1897,^^  the  county  is  directed  to  build 
bridges  or  culverts  between  cities  and  boroughs  or  townships, 
if  directed  by  the  court  of  quarter  sessions  after  petition  there- 
for by  not  less  than  twenty-five  resident  taxpayers  of  the 
county,  and  a  favorable  report  of  the  viewers  appointed  to  de- 
termine the  necessity. 

Bridges  on  County  Lines. 

229.  Such  bridges,  and  those  within  one- fourth  mile  of  the 
line  necessary  for  the  accommodation  of  both  counties  are  to  be 
built  as  other  county  bridges,  except  that  the  court  of  quarter 
sessions  of  each  county  shall  appoint  three  of  the  viewers,  and 
a  report  as  in  other  cases  is  to  be  made  to  the  respective  courts, 
and  said  courts  shall  together  with  the  grand  juries  and  com- 
missioners of  the  respective  counties  in  all  other  respects  have 
and  exercise  all  concurrent  jurisdiction  therein.^"  In  such 
case  it  is  the  duty  of  the  county  and  not  of  the  township  to 
build  sufncient  approaches  to  the  end  by  filling  up  the  adjacent 
road  to  the  bridge  level. ^^ 

Approaches. 

230.  When  a  bridge  is  erected  by  the  county,  it  is  the  duty  of 
the  county  commissioners  to  build  the  approaches  necessary  for 
its  proper  use.^^  And  this  is  a  duty  not  affected  by  the  Act  of 
April  15,  1869,^^  which  gives  to  the  county  power  to  assist  a 
township  in  the  construction  of  approaches,  where  it  is  too  ex- 

18  Sheridan  vs.  Palmyra  Twp.,  180  Pa.  439. 

19  Act  July  9,  1897,  P.  L.  218,  3  P.  &  L.  Dig.  540. 

20  Act  June  13,  1836,  P.  L.  551,  Sec.  46,  2  P.  &  L.  Dig.  4159,  amended 
by  the  Act  of  April  23,  1903,  P.  L.  289. 

21  Penn  Twp.  vs.  Perry  Co.,  78  Pa.  457. 

22  Penn  Township  vs.  Perry  County,  78  Pa.  457. 

23  Act  April  IS,  1869,  P.  L.  46,  2  P.  &  L.  Dig.  4163. 


BRIDGES.  235 

pensive  for  the  latter  to  bear.^'*  But  this  obligation  cannot  be 
enforced  where  the  bridge  does  not  end  upon  the  highway, 
but  there  is  land  between  it  and  the  road.  In  such  case  they 
may  await  until  a  highway  is  laid  out.^^ 

Where  the  construction  of  an  embankment  or  causeway  lead- 
ing to  either  end  of  a  bridge  requires  more  expense  than  it  is 
reasonable  that  the  township  should  bear,  the  court  having  jur- 
isdiction may,  upon  the  representation  of  the  supervisors,  or  on 
the  petition  of  any  of  the  inhabitants  of  the  township  order  a 
view.  If  the  viewers  report  that  such  construction  is  neces- 
sary, the  court  may  approve  the  finding,  and  order  it  entered, 
and  recorded  as  a  county  improvement,  and  constructed  as 
county  bridges  are  erected.^^  The  power  to  assist  the  township 
by  paying  the  entire  costs,  or  a  portion  thereof,  after  a  report  of 
viewers,  approved  by  the  court  ^nd  grand  jury,  was  given  by 
the  Act  of  May  25,  1887,^'''  Such  a  contract  with  the  township 
should  be  in  writing,  signed  by  both  supervisors.^^ 

Public  roads  laid  out  and  confirmed,  but  not  opened,  leading 
to  either  end  of  a  county  bridge  across  a  stream  of  water  one 
thousand  feet  wide  or  more,  may  be  ordered,  upon  petition  of 
taxpayers  showing  that  the  construction  would  be  too  burden- 
some for  the  township,  to  be  constructed  by  the  county,  for  a 
distance  not  exceeding  one-fourth  mile.  The  court,  if  no  cause 
be  shown  to  the  contrary,  may  authorize  the  county  commis- 
sioners to  construct  the  road,  and  upon  the  approval  of  the  same 
by  the  county  commissioners,  or  a  majority  of  them,  it  shall 
be  opened. ^^ 

24  Commonwealth  vs.  Swatara  Twp.  Supervisors,  4  D.  R.  468;   16  Pa. 
C,  C.  490. 

25  Commonwealth  vs.  Loomis,  128  Pa.  174. 

26  Act  April  15,  1869,  P.  L.  46,  Sec.  i,  2  P.  &  L.  Dig.  4163. 

27  Act  May  25,  1887,  P.  L.  267,  2  P.  &  L.  Dig.  4167,  amended  by  the  Act 
of  March  27,  1903,  Sec.  i,  P.  L.  74. 

28  Commonwealth  vs.  Supervisors  of  Swatara  Township,  4  D.  R.  468; 
16  Pa.  C.  C.  490. 

29  Act  May  21,  1901,  P.  L.  268,  4  P.  &  L.  Dig.  1425. 


236  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

Kepairs. 

231.  Bridges  are  treated  as  portions  of  the  highway,  and 
are  to  be  maintained  by  the  same  persons  as  the  highway. 
Where  the  bridge  crosses  a  stream  dividing  townships,  the 
duty  to  maintain  it  is  on  the  two  townships  jointly.^^  By  the 
Act  of  April  13,  1843,^^  this  duty  was  transferred  in  certain 
counties  to  the  county  commissioners,  who  were  directed  to 
pay  the  sum  from  the  county  treasury.  This  act  applied  to  all 
of  the  counties  of  the  State  except  Bedford,  Washington,  West- 
moreland, Tioga,  Potter,  Cambria,  Somerset,  Armstrong, 
Allegheny,  and  Susquehanna  counties. ^^ 

By  the  Act  of  April  21,  1903,^^  the  commissioners  were  au- 
thorized to  further  repair  iron  and  steel  bridges  by  painting 
and  tightening  them.     Where  the  Act  of   1843  applies,  the 

30  Rapho  and  West  Hempfield  Township  vs.  Moore,  68  Pa.  404;  Com- 
monwealth vs.  Commissioners  of  Monroe  Co.,  2  W.  &  S.  495. 

31  Act  April  13,  1843,  P.  L.  221,  Sec.  i,  2  P.  &  L.  Dig.  4160. 

32  Note. — "The  provisions  of  this  act  are  extended  to  Armstrong  county, 
by  the  Act  of  1854,  May  5,  P.  L.  295 ;  to  Bedford,  by  the  Act  of  1854,  March 
31,  P.  L.  247;  to  Susquehanna  county  by  the  Act  of  1899,  April  13,  P.  L. 
47 ;  to  Erie,  by  the  Act  of  1854,  April  6,  P.  L.  295,  and  to  Washington  and 
Westmoreland,  by  the  Act  of  1850,  April  26,  P.  L.  616,  sec.  2.  But  by  the 
Act  of  1853,  April  18,  P.  L.  482,  Sec.  2,  in  Westmoreland  county  such 
bridges  are  to  be  repaired  in  the  manner  prescribed  by  law  for  public  roads 
at  the  expense  of  the  townships.  The  Act  of  1843,  April  13,  P.  L.  221,  Sec. 
I,  was  repealed  as  to  Centre,  Crawford,  Elk,  Huntingdon,  Luzerne,  Mifflin, 
Warren  and  Wyoming  counties,  by  the  Act  of  1844,  March  11,  P.  L.  86.  As 
to  Clinton  county,  the  repealing  act  was  repealed  by  the  Act  of  1876,  May 
4,  P.  L.  290. 

"The  Act  of  184s,  Feb.  24,  P.  L.  52,  Sec.  5,  making  it  the  duty  of  the 
commissioners  of  Allegheny  county  to  repair  county  bridges,  and  pay  the 
expenses  out  of  the  county  treasury,  was  repealed  by  the  Act  of  1849,  April 
5  P.  L.  342,  Sec.  4;  and  by  the  Act  of  1851,  April  12,  P.  L.  536,  Sec.  4,  the 
commissioners  are  authorized  to  make  such  repairs. 

"As  for  repairs  in  Crawford  county,  see  the  Act  of  1861,  March  25,  P.  L. 
206;  in  Washington,  the  Act  of  1859,  March  30,  P.  L.  309;  in  Wayne,  the 
Act  of  1870,  March  21,  P.  L.  498. 

"See  Howe  vs.  Commissioners,  47  Pa.  361,  1864,  as  to  the  powers  and 
duties  of  commissioners  in  Crawford  county,  in  relation  to  repairs  ot 
bridges." 

33  Act  April  21,  1903,  P.  L.  228. 


BRIDGES.  237 

bridge  becomes  a  county  bridge,  and  the  county  is  liable  for 
damages,  resulting  from  a  failure  to  repair  it.^"*  And  the  county 
is  liable  for  the  cost  of  the  repairs.^^  Where  the  repairs  are 
needed  the  county  commissioners  may  order  them,  if  in  their 
judgment,  they  are  necessary  for  the  accommodation  of  pub- 
lic travelers,  without  first  obtaining  the  consent  of  the  court 
and  a  grand  jury.^®  If  the  evidence  clearly  shows  the  necessity, 
the  duty  may  be  enforced  by  mandamus.^^  The  duty  of  the  su- 
pervisors to  repair  still  exists  in  those  counties  to  which  the  Act 
of  1843  ^s  not  applicable. ^^  The  repairs  referred  to  in  the  Act 
of  1843  ^^^  ordinary  repairs,  and  this  legislation  does  not  au- 
thorize the  rebuilding  of  the  superstructure.^^ 

Bridges  built  across  canals  must  be  repaired.^*^  Or  a  rail- 
road bridge  opened  for  the  benefit  of  the  township.^ ^  Or  a 
bridge  across  a  condemned  turnpike.^^  Private  bridges  are  to 
be  repaired  by  the  owners  of  the  land,  but,  if  the  work  is  done 
by  the  supervisors,  the  cost  may  be  recovered  from  them.^^ 

Alterations  in  County  Bridges. 

232.  Where  bridges  have  been  contracted  for,  and  it  is  de- 
sired to  deviate  from  the  plan  agreed  upon,  the  county  commis- 
sioners may  so  direct,  and  in  such  case,  if  compensation  cannot 

34  Francis  vs.  Franklin  Township,  179,  Pa.   195. 

35  Dougherty  vs.  Upper  Allen  Township  Supervisors,  12  Pa.  C.  C.  304. 

36  Commonwealth  vs.  County  Commissioners,  14  Pa.  C.  C.  299. 

37  Commonwealth  vs.  County  Commissioners,  14  Pa.  C.  C.  299. 

38  Erie  Co.  vs.  Commonwealth,  127  Pa.  197;  Whitmire  vs.  Muncy  Creek 
Township,  17  Pa.  Sup.  399;  Smith  vs.  Muncy  Creek  Twp.,  206  Pa.  7;  Rush 
Township  vs.  Susquehanna  Co.,  6  Pa.  C.  C.  160.  The  act  now  applies  to 
Susquehanna  county  since  the  Act  of  April  13,  1899,  P.  L.  47. 

39  Erie  County  vs.  Commonwealth,  127  Pa.  197;  Commonwealth  vs. 
Commissioners  of  Northampton  Co.,  i  North.  198;  Commonwealth  vs. 
County  Commissioners,  14  Pa.  C.  C.  299;  Howe  vs.  Commissioners  of 
Crawford  Co.,  47  Pa.  361. 

40  Meadville  vs.  Erie  Canal  Co.,  18  Pa.  66. 

41  Newlin  Township  vs.  Davis,  yy  Pa.  317. 

42  Bedford  &  Stoystown  Turnpike  Bridge,  3  D.  R.  709,  s.  c.  14  Pa.  C.  C. 
296. 

43  Woodring  vs.  Forks  Twp.,  28  Pa.  355 ;  Book  vs.  P.  R.  R.,  207  Pa.  138 ; 
See  North  Lebanon  Twp.  vs.  Lebanon  Co.,  6  Pa.  C.  C.  538. 


238  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA, 

be  agreed  upon,  the  builder  may  recover  the  reasonable  value  of 
his  services.**  Additions  or  alterations,  unless  directed  by  the 
county  commissioners  cannot  be  recovered  for.*^ 

Bebuilding  Bridges. 

233.  County  commissioners  are  required  to  reconstruct 
bridges  destroyed  or  partially  destroyed  by  storm  or  fire.**' 
For  this  purpose  money  may  be  borrowed  not  exceeding,  how- 
ever the  constitutional  limitation,  at  a  rate  of  interest  not  to 
exceed  six  per  cent.,  and  bonds  may  be  issued  therefor  in  sums 
not  exceeding  $500.00.*^  This  relieves  the  supervisors  of  the 
duty  to  rebuild  the  bridge  or  the  causeway  leading  thereto.** 
And  the  duty  may  be  enforced  by  mandamus.*^  Ordinary  re- 
pairs do  not  come  within  the  provisions  of  this  legislation.^'^ 

Abandoned  and  Destroyed  Bridges. 

234.  County  commissioners  are  authorized  to  take  charge  of 
rebuilding  and  reconstructing  bridges  within  the  county  which 
have  been  destroyed  or  abandoned.  And  where  such  bridges 
pass  between  two  counties,  the  commissioners  of  both 
may  so  act.  If  the  commissioners  neglect  or  refuse  to  rebuild, 
upon  petition  of  ten  citizens,  and  taxpayers,  residing  in  the 
township  in  which  the  bridge  is  to  be  located,  setting  forth  the 
facts,  and  supported  by  the  affidavits  of  two  citizens,  the  court 
of  common  pleas  may  issue  a  mandamus  to  compel  them  to  pro- 
ceed.^^    For  such  purposes  money  may  be  borrowed.^^ 

By  the  Act  of  April  19,  1895,^^  power  to  rebuild  is  given  to 

44  Act  April  II,  1848,  P.  L.  506,  Sec.  2,  2  P.  &  L.  Dig.  4162. 

45  In  re  White  Clay  Creek  Bridge,  5  Pa.  C.  C.  366. 

46  Act  May  5,  1876,  P.  L.  112,  Sec.  i,  2  P.  &  L.  Dig.  4163. 

47  Act  May  5,  1876,  P.  L.  112,  Sec.  2,  2  P.  &.  L.  Dig.  4164. 

48  Taylor  Township  vs.  Lawrence  County,  17  Pa.  C.  C.  396. 

49  Myers  vs.  Commonwealth,  no  Pa.  217. 

50  Commissioners  of  Erie  County  vs.  Commonwealth,  127  Pa.  197. 

51  Act  June  16,  1891,  P.  L.  305,  Sec.  i,  2  P.  &  L.  Dig.  4166;  See  Keiser 
vs.  Commissioners,  156  Pa.  315. 

52  Act  June  8,  1881,  P.  L.  67,  Sec.  2,  2  P.  &  L.  Dig.  4167. 

53  Act  April  19,  1895,  P.  L.  39,  3  P.  &  L.  Dig.  535. 


BRIDGES.  239 

the  county  commissioners  where  bridges  of  corporations  have 
been  destroyed  by  ice  or  otherwise  within  ten  years,  and  aban- 
doned by  the  owners  thereof. 

By  the  Act  of  April  21,  1903,^^  the  Commonwealth  was  di- 
rected to  erect  destroyed  bridges  across  navigable  rivers,  and 
such  of  the  streams  as  have  been  declared  public  highways  by 
Act  of  Assembly.  Bridges  so  erected  are  to  be  maintained  by 
the  county  in  which  they  are  located. ^^  By  the  Act  of  May 
6,  1897,^®  and  May  13,  1901,^'^  amended  by  the  Act  of  July  9, 
1901,^^  the  county  commissioners,  with  the  State  board  of 
property,  are  authorized  to  rebuild  and  reconstruct  bridges 
over  streams  or  rivers  forming  the  boundary  line  between 
counties,  the  State  to  pay  one-half  the  cost.  Under  this  act 
the  county  commissioners  have  discretion  as  to  rebuilding  the 
bridge,  but  the  court  of  common  pleas  must  issue  a  mandamus 
to  proceed  upon  petition  of  fifty  taxpayers  setting  forth  the 
facts,  and  sworn  to  by  five.^^ 

Bridges  Over  Kailroads. 

235.  Where  a  road  hereafter  to  be  opened  crosses  a  rail- 
road, and  it  is  deemed  advisable  for  the  protection  of  travelers 
to  erect  a  bridge,  and  the  expense  thereof  is  more  than  it  is 
reasonable  for  the  township  to  bear,  the  court  of  quarter  ses- 
sions, on  the  representation  of  the  supervisors,  or  on  petition  of 
the  inhabitants  of  the  township,  may  order  a  view.  If  on  the 
report  of  the  viewers,  it  shall  appear  to  the  court,  grand  jury 
and  commissioners,  that  such  bridge  is  necessary,  and  would 
be  too  expensive  for  the  township,  it  shall  be  entered  on  record 
as  a  county  bridge.      After  such  entry,  it  is  the  duty  of  the 

54  Act  April  21,  1903,  P.  L.  230. 

55  Act  June  3,  1895,  P.  L.  130,  Sec.  8,  3  P.  &  L.  Dig.  535. 

56  Act  May  6,  1897,  P-  L.  46,  3  P-  &  L-  Dig.  536. 

57  Act  May  13,  1901,  P.  L.  191,  4  P.  &  L.  Dig.  1440. 

58  Act  July  9,  1901,  P.  L.  620,  4  P.  &  L.  Dig.  1439. 

59  See  Seabolt  vs.  Northumberland  County  Commissioners,  197  Pa.  no, 
in  which  the  Act  of  May  6,  1897,  3  P.  &  L.  Dig.  536  is  considered. 


240  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

county  commissioners  to  provide  for  its  erection. ^"^      This  leg- 
islation did  not  apply  to  roads  and  highways  then  existing. 

ITotices  on  Bridges. 

236.  Supervisors  are  required  to  put  up  and  maintain  in 
conspicuous  places  at  or  near  the  end  of  a  bridge  erected  at 
the  expense  of  the  public,  having  an  arch  of  the  length  or  span 
of  forty-five  feet  or  upwards,  a  notice  in  large  and  legible  let- 
ters of  the  fine  and  penalty  provided  for  the  protection  of  such 
bridge,  under  penalty  of  a  sum  not  to  exceed  $20.00.'®^  This 
legislation  is  extended  to  iron  bridges  of  the  same  dimensions, 
by  the  Act  of  March  18,  1864,^^  Where  the  bridge  is  on  a 
township  line,  the  supervisors  of  the  township  shall  be  liable  to 
put  up  and  maintain  such  notices  only  at  or  near  the  end  of  the 
bridge  within  their  own  township.^^ 

Penal   Provisions. 

237.  "If  any  person  shall  wilfully  ride,  drive  or  lead,  or 
cause  another  person  to  ride,  drive  or  lead  any  horse  or  beast 
of  burden  faster  than  a  walk  in  crossing  a  bridge  having  an 
arch  of  the  length  or  span  of  forty-five  feet  or  upwards,  such 
person  shall  for  every  such  offense,  forfeit  and  pay  a  sum  of  not 
less  than  five  dollars  or  more  than  thirty  dollars,  provided, 
nevertheless,  that  notice  of  the  provision  be  set  up  in  the 
manner  hereinbefore  required."  ^^ 

A  like  penalty  is  provided  for  driving  cows  faster  than  a 
walk.^^  A  penalty  of  five  dollars  is  to  be  imposed  upon  any 
person  who  shall  carry  fire  across  a  bridge,  except  in  a  lantern 
or  other  vessel,  in  which  it  will  be  fully  secured.^®    This  pro- 

60  Act  April  II,  1903,  P.  L.  164. 

61  Act  June  13,  1836,  P.  L.  551,  Sec.  63,  2  P.  &  L.  Dig.  4160. 

62  Act  March  18,  1864,  P.  L.  68,  2  P.  &  L.  Dig.  4191. 

63  Act  June  13,  1836,  P.  L.  551,  Sec.  64,  2  P.  &  L.  Dig.  4160. 

64  Act  June  13,  1836,  P.  L.  551,  Sec.  70,  2  P.  &  L.  Dig.  4190. 

65  Act  June  13,  1836,  P.  L.  551,  Sec.  71,  2  P.  &  L.  Dig.  4191. 

66  Act  June  13,  1836,  P.  L.  551,  Sec.  72,  2  P.  &  L.  Dig.  4191. 


BRIDGES.  241 

vision  is  not  to  be  construed  so  as  to  infringe  upon  the  chartered 
rights  of  any  corporation.^^  All  of  these  fines  are  recoverable 
in  the  name  of  the  Commonwealth,  at  the  instance  of  any  per- 
son vi^ho  shall  sue  therefor,  in  the  same  manner  as  debts  of 
like  amount  are  recoverable  with  costs  of  suit.  Of  the  sum 
collected,  one-half  is  payable  into  the  county  treasury  of  the 
respective  townships  for  the  use  of  the  supervisors  of  the  pub- 
lic road,  and  the  remainder  to  the  person  suing  for  and  re- 
covering the  same.^^ 

67  Act  June  13,  1836,  P.  L.  551,  Sec.  jz,  2  P.  &  L.  Dig.  4191. 

68  Act  June  13,  1836,  P.  L.  551,  Sec.  75,  2  P.  &  L.  Dig.  4191. 


CHAPTER  XXIV. 

ACTIONS    BY    AND    AGAINST    TOWNSHIPS. 

SECTION  SECTION 

238.  Power  to  sue.  242.  Mandamus. 

239.  Actions  against  townships.  243.  Mandamus,  continued. 

240.  Actions   by   supervisors.  244.  Mandamus,  continued. 

241.  Intervention  of  taxpayers.  245.  Execution. 

Power  to  Sue. 

238.  The  township  may  bring  and  conduct  actions  in  its 
own  name.^  Thus  it  may  sue  on  the  bond  of  a  tax  collector.^ 
Or  may  maintain  an  action  against  a  delinquent  supervisor.^ 
And  the  suit  may  be  brought  in  the  name  of  the  township, 
though  the  bond  has  been  taken  in  the  name  of  the  auditors 
for  the  use  of  the  township.^  Or  in  the  name  of  the  road  com- 
missioners individually.^  So  the  township  may  institute  man- 
damus proceedings  to  compel  a  railroad  company  to  make  a 
road  for  public  accommodation,  as  required  by  its  charter.® 
And  the  local  authorities  may  be  made  parties  to  a  bill  in 
equity,  filed  by  one  street  railway  company  against  another, 
each  of  which  claims  to  have  local  consent  for  the  construction 
of  the  road.'^    If  compelled  to  undergo  expense  in  the  perform- 

1  Act  April  15,  1834,  p.  L.  537,  Sec.  5,  i  P.  &  L.  Dig.  998. 

2  Commonwealth  vs.  Gruver,  13  Pa.  Sup.  553 ;  Commonwealth  vs. 
Piroth,  17  Pa.  Sup.  586. 

3  Shronk  vs.  Supervisors  of  Penn  Twp.,  3  Rawle  347,  following  Wil- 
lard  vs.  Parker,  i  Rawle  448 ;  Com.  vs.  Smythe,  21  Lane.  L.  R.  109. 

4  Dyer  vs.  Covington  Township,  28  Pa.  186. 

5  Anderson  vs.  Hamilton  Township,  25  Pa.  75. 

6  Whitemarsh  Twp.  vs.  Philadelphia,  Germantown  &  Norristown  R. 
R.  Co.,  8  W.  &  S.  365. 

7  Middletown,  etc.  R.  Co.  vs.  Middletown  Elec.  Ry.  Co.,  16  Pa.  C.  C. 
127. 

242 


ACTIONS  BY  AND  AGAINST  TOWNSHIPS.  243 

ance  of  work,  which  should  have  been  done  by  individuals,  the 
sum  expended,  may  be  recovered.^  In  townships  of  the  first 
class  suit  may  be  brought  for  the  violation  of  ordinances,  where 
fines  and  penalties  have  been  provided.^  So  they  may  collect 
license  charges,  where  such  are  required  to  be  taken  out  for  ve- 
hicles used  for  carrying  persons  or  property  for  hire.^°  Or 
collect  costs  of  sidewalks  constructed  by  the  board  of  township 
commissioners.^^ 

Actions  Against  Townships. 

239.  The  supervisors  of  the  township  may  confess  judgment 
in  an  action  brought.  They  are  not  bound  to  defend  where 
such  would  be  useless. ^^  And  though  the  judgment  be  con- 
fessed by  but  one  supervisor,  it  will  be  only  irregular  and  not 
void.^"  An  action  will  lie  for  the  amount  of  an  order  legally 
drawn  on  the  township  treasurer,  and  which  has  been  duly  pre- 
sented to  him  and  payment  refused.^ ^  It  would  seem,  however, 
that  the  action  should  not  be  based  upon  the  warrant  issued, 
but  the  suit  be  brought  on  the  original  claim.^^  Actions  against 
the  township  should  be  brought  against  it,  and  not  against  the 
supervisors.^^  And  it  is  not  necessary  that  the  supervisors  be 
joined.^ "^   The  summons  is  to  be  served  upon  the  supervisors.^^ 

8  Woodring  z'S.  Forks  Township,  28  Pa.  355. 

9  Act  April  28,  1899,  P.  L.  104,  Sec.  7,  4  P.  &  L.  Dig.  921 ;  Act  June 
10,  1901,  P.  L.  551,  4  P.  &  L.  Dig.  921. 

10  Act  April  II,  1903,  P.  L.  164. 

11  Act  April  28,  1899,  P-  L.  104,  Sec.  12,  4  P.  &  L.  Dig.  923. 

12  Maneval  vs.  Jackson  Township,  141  Pa.  426. 

13  Brown  vs.  Rush  Township  No.  i,  5  D.  R.  517;  Sheetz  vs.  Rush  Town- 
ship, 5  D.  R.  516;  Merold  vs.  Rush  Township,  5  D.  R.  514. 

14  Township  of  East  Union  vs.  Comrey,  100  Pa.  362. 

15  Allison  vs.  Juniata  Co.,  50  Pa.  351.  This  question  is  not  decided  in 
Maneval  vs.  Jackson  Twp.,  141  Pa.  426,  on  the  ground  that  it  was  not 
raised  by  the  proper  party.     But  see  Stebbins  vs.  Twp.,  13  D.  R.  64. 

16  Laughlin  vs.  Township,  i  Just.  Law  Rep.  117;  Eisenhart  vs.  Hykes, 
4  Lane.  L.  R.  98. 

17  Shea  vs.  Plains  Township,  7  Kulp  554 ;  Commonwealth  vs.  Thomp- 
son, 86  Pa.  442. 

18  Eisenhart  vs.  Hykes,  4  Lane.  L.  R.  98. 

16 


244  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

And  it  would  seem  that  a  service  upon  one  is  sufficients^  But 
a  return  setting  forth  that  the  summons  was  left  at  the  residence 
of  a  supervisor  is  not  a  sufficient  service  ^^  since  this  is  not  a 
compliance  with  the  Act  of  March  20,  iSio.^^ 

The  orders  issued  by  the  township  are  not  negotiable,  and 
the  action  cannot  be  brought  in  the  name  of  the  holder,  when 
not  issued  to  him.^^  Even  though  the  warrant  be  made  payable 
to  bearer.^^  Before  the  action  is  brought,  a  demand  should 
be  made  upon  the  township  treasurer;  but  it  is  not  essential 
that  such  be  made  upon  the  supervisors.^^  But  a  demand  need 
not  be  shown  where  the  defendant  avers  that  the  order  was 
taken  by  the  plaintiff  with  the  knowledge  that  there  were  no 
funds  in  the  treasury.^^ 

By  the  Act  of  April,  21,  1858,^*^  the  legislation  requiring 
municipal  corporations  to  file  affidavits  of  defense  to  actions 
brought  against  them  was  repealed,  and  judgment  for  want  of 
such  is  therefore  to  be  refused.-^  This  enactment  was  supple- 
mented by  the  Act  of  April  26,  1893,^^  which  provided  that 
municipal  corporations  shall  not  be  required  to  file  affidavits  of 

19  Merold  vs.  Rush  Township,  5  D.  R.  515,  following  Kleckner  vs. 
County  of  Lehigh,  6  Whart.  66;  See  also  Sheetz  vs.  Rush  Township  5  D. 
R.  S16. 

20  Bailey  vs.  Jefferson  Township,  7  D.  R.  550. 

21  Act  March  20,  1810,  5  Sm.  L.  261,  Sec.  2,  i  P.  &  L.  Dig.  2555. 

22  Snyder  Twp.  vs.  Bovaird,  122  Pa.  442 ;  First  National  Bank  of  North- 
umberland vs.  Rush  School  Dist.,  81^  Pa.  307;  Central  School  Supply  Co. 
vs.  South  Middleton  Twp.  School  Board,  9  Pa.  Sup.  no;  Livingston  vs. 
South  Middleton  Twp.  School  Board,  15  Pa.  Sup.  358;  Stephen  vs.  Wy- 
oming School  Dist.,  10  D.  R.  135;  Warner  vs.  Commonwealth,  i  Pa.  154. 

23  Comrey  vs.  East  Union  Township,  202  Pa.  442. 

24  East  Union  Township  vs.  Comrey,  100  Pa.  362. 

25  Stebbins  vs.  Leidy  Township,  13  D.  R.  64. 

26  Act  April  21,  1858,  P.  L.  385,  Sec.  8,  2  P.  &  L.  Dig.  3608.  This  act 
is  entitled  a  supplement  to  the  act  incorporating  the  city  of  Philadelphia, 
yet  the  8th  section  has  a  general  application.  Garrard  vs.  County  of  Alle- 
gheny, 2  Pitts.  338. 

27  Halsey  vs.  Denison  Twp.,  2  Luzerne  L.  Obs.  212;  See  Little  vs. 
Lower  Merion  Twp.,  7  Montg.  205. 

28  Act  April  26,  1893,  P.  L.  26,  i  P.  &  L.  Dig.  388. 


ACTIONS  BY  AND  AGAINST  TOWNSHIPS.  245 

defense  in  actions  of  assumpsit.  It  is  not  necessary,  therefore, 
for  the  township  to  file  an  affidavit  of  defense,  and  judgment 
cannot  be  taken  for  failure  to  do  so.-^ 

It  is  proper  for  the  township  to  defend  to  the  action  on  the 
ground  that  the  indebtedness  was  contracted  by  but  one  super- 
visor, where  the  expenditure  was  a  matter  requiring  delibera- 
tion.'^*^ But  one  supervisor  may  contract  indebtedness  in  case 
of  extraordinary  emergency,  and  bind  the  township.^  ^  And 
it  will  be  bound  where  the  township  has  been  divided,  each  su- 
pervisor taking  a  certain  portion,  the  supervisor  in  control  hav- 
ing contracted  the  indebtedness.  ^- 

Ordinarily  no  interest  is  recoverable  upon  a  suit  on  the 
township  order.^^  But  such  is  allowable  in  an  action  upon  the 
original  indebtedness  from  the  time  of  a  demand  and  refusal 
to  pay.^^  Where  a  judgment  has  been  rendered,  it  cannot  be 
impeached  collaterally  for  mere  irregularities.^^  But  it  can  be 
stricken  off  if  void,  and  not  merely  irregular.^^ 

Actions  of  Supervisors. 

240.  The  supervisor  having  a  claim  for  work  performed  or 
money  expended  must  present  his  claim  to  the  auditors,  and  if 
lefused  payment  must  appeal  to  the  court  of  common  pleas. 

29  Barrett  vs.  Plymouth  Twp.,  6  Del.  Co.  428,  s.  c.  12  Montg.  120;  13 
Lane.  Law  Review  399;  James  vs.  Fell  Twp.  Poor  Board,  3  Lack.  Leg. 
News  338,  s.  c.  7  D.  R.  12. 

30  Wolf  vs.  Sterling  Township,  3  Luz.  Leg.  Obs.  276;  Union  Twp.  vs. 
Gibboney,  94  Pa.  534;  Logan  vs.  Rochester  Twp.,  21  Pa.  Sup.  113;  Somer- 
set Twp.  vs.  Parson,  105  Pa.  360. 

31  Maneval  vs.  Jackson  Twp.,  141  Pa.  426. 

32  Commonwealth  vs.  Colley  Township,  29  Pa.  121. 

33  Snyder  Twp.  vs.  Bovaird,  122  Pa.  442;  Dyer  vs.  Covington  Township, 
19  Pa.  200;  East  Union  Township  vs.  Ryan,  86  Pa.  459;  Stebbins  vs.  Leidy 
Twp.,  13  D.  R.  64. 

34  Mahanoy  Township  vs.  Comry,  103  Pa.  363;  Snyder  Twp.  vs.  Bo- 
vaird, 122  Pa.  442;  Allison  vs.  Juniata  Co.,  50  Pa.  351;  Friend  vs.  Pitts- 
burgh, 131  Pa.  305. 

35  Brown  vs.  Rush  Township  No.  i,  5  D.  R.  517;  Merold  vs.  Rush  Twp., 
5  D.  R.  514. 

36  Sheetz  vs.  Rush  Twp.,  5  D.  R.  516. 


246  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

The  claim  should  consist  of  an  itemized  account  of  the  work 
done  and  expense  incurred,  and  not  merely  a  lump  credit. ^'^ 
His  remedy  is  given  to  him  by  statute,  and  there  is  no  common 
law  right  of  action. •^'^  But  he  may  sue  for  the  amount  found 
due  to  him  by  the  auditors.^^  In  Barrett  vs.  Plymouth  Town- 
ship,^*^  it  was  said  that  the  certificate  was  as  binding  as  a  judg- 
ment, and  the  remedy  was  to  compel  the  levy  of  a  special  tax. 

Intervention  of  Taxpayers. 

241.  The  Act  of  March  23,  1877,^^  provides  that  in  case  of 
any  unsatisfied  judgment  or  any  suit  or  process  of  law,  against 
any  township,  borough,  school,  or  poor  district,  or  other  muni- 
cipal district  in  Pennsylvania,  any  taxpayer  of  such  township, 
borough,  etc.,  may  inquire  into  the  validity  of  any  judgment,  or 
defend  the  township,  borough,  etc.,  in  any  suit  or  judgment. 
Upon  petition  accompanied  by  affidavit  that  the  petitioner  be- 
lieves that  injustice  will  be  done  to  the  township,  borough, 
etc.,  in  the  suit  or  judgment,  presented  to  the  court  of  com- 
mon pleas  in  which  the  suit  may  be  pending  or  the  judgment 
exist,  he  shall  have  the  right  to  come  into  court  and  defend  the 
township,  borough,  etc.,  in  any  suit,  and  inquire  into  the  va- 
lidity of  any  judgment  against  it,  as  fully  and  completely  as 
the  officers  of  the  township,  borough,  etc.,  would  by  law  have 
the  right  to  do.  But  the  court  may,  if  it  deems  necessary,  compel 
such  taxpayer  to  file  in  the  court  of  common  pleas  a  bond  with 
one  or  more  sureties  approved  by  itself,  to  indemnify  and  save 
harmless  the  township,  borough,  etc.,  from  all  costs  that  may 
accrue  in  the  suit,  subsequently  to  the  filing  of  the  petition. 
As  the  right  thus  conferred  does  not  exist  at  common  law  it 
exists  only  under  the  circumstances  mentioned  in  this  act,  one 
of  which  is  that  the  suit  or  judgment  is  in  the  common  pleas. 

27  Stolpe's  Appeal,  11  Kulp  143. 

38  Brown  z>s.  White  Deer  Township,  27  Pa.  109;  Willard  vs.  Parker,  r 
Rawle  448. 

39  Carney  vs.  Wheatfield  Township,  4  W.  &  S.  215. 

40  Barrett  vs.  Plymouth  Twp.,  13  Montg.  Co.  46. 

41  Act  March  23,  1877,  P.  L.  20,  i  P.  &  L.  Dig.  1000. 


ACTIONS  BY  AND  AGAINST  TOWNSHIPS.  247 

The  taxpayer  cannot  therefore  intervene  by  writ  of  certiorari 
in  proceedings  in  the  court  of  quarter  sessions,  under  the  Act  of 
March  31,  1864,  providing  for  a  mandamus  to  collect  a 
special  tax.^^ 

Mandamus. 

242  By  the  Act  of  June  8,  1893,"^^  the  courts  of  common 
pleas  of  the  respective  counties  are  given  the  power  to  issue 
writs  of  mandamus  to  all  township  officers  within  the  county, 
and  to  corporations  having  their  principal  place  of  business 
within  such  county,  or  having  its  property  in  whole  or  in  part 
within  the  county.^**  This  legislation  is  not  intended  to  substi- 
tute the  writ  of  mandamus  for  the  ordinary  proceedings  and 
trial.^^  And  it  will  not  be  granted  where  there  is  an  adequate 
legal  remedy.'*^  Suit  should  first  be  brought  to  recover  a  judg- 
ment against  the  township  before  the  writ  of  mandamus  is  re- 
sorted to  for  the  collection  of  the  amount  due.'*^  The  pro- 
visions of  the  act  of  April  15,  1834,^^  relating  to  suits  against 
townships  are  not  affected  by  the  power  given  to  levy  a  special 
tax  under  the  act  of  March  31,  1864.^^ 

Mandamus,  Continued. 

243.  It  may  be  granted  to  compel  the  supervisors  to  repair 

42  Lehigh  Coal  and  Navigation  Company's  Appeal,  112  Pa.  360.  The  same 
principle  in  the  case  of  a  borough  is  recognized  in  Hower's  Ap.,  127  Pa.  134. 

43  Act  June  8,  1893,  P.  L.  345,  2  P.  &  L.  Dig.  2857.  This  act  supplanted  the 
Act  of  June  14,  1836,  P.  L.  621,  and  was  subsequently  amended,  as  to  its 
first  section  by  the  Act  of  April  28,  1899,  P.  L.  884,  4  P.  &  L.  Dig.  1145, 
and  the  Act  of  March  19,  1903,  P.  L.  32. 

44  The  latter  provision  was  supplied  by  the  Act  of  March  19,  1903.  Prior 
to  that  legislation,  the  writ  of  mandamus  could  not  be  granted  where  the 
chief  place  of  business  was  not  within  the  county.  Whitemarsh  Twp.  vs. 
Philadelphia,  Germantown  and  Norristown  R.  Co.,  8  W.  &  S.  365 ;  Com- 
monwealth vs.  Penna.  R.  R.,  11  Montg.  Co.  52. 

45  Commonwealth  vs.  Philadelphia,  176  Pa.  588. 

46  Commonwealth  vs.  Colley  Township  Supervisors,  29  Pa.  121. 

47  Commonwealth  vs.  Thompson,  86  Pa.  442. 

48  Act  April  15,  1834,  P.  L.  537,  Sec.  5,  i  P-  &  L-  Dig-  998. 

49  Act  March  31,  1864,  P.  L.  162;  Marcy  Twp.  Indebtedness,  9  Kulp  424, 


248  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

the  roads.'^^  Or  to  compel  a  railroad  to  construct  a  highway 
necessary  for  public  accommodation.^^  Or  to  compel  the  wid- 
ening of  a  bridge  erected  by  a  railroad. ^^  Or  to  enforce  com- 
pliance with  an  order  for  removal  issued  to  the  township  over- 
seers.^^ Or  to  compel  the  erection  of  a  foot  log,  where  the  duty 
has  been  ascertained.^^  But  it  will  not  be  granted  to  compel 
the  countersigning  of  bonds  by  auditors  where  no  such  duty  is 
imposed  by  statute.^^ 

Nor  will  it  be  granted  to  compel  the  levying  of  a  tax  for  the 
payment  of  bounties  to  soldiers,  under  the  Act  of  April  14, 
1864,^^  and  the  Act  of  August  22,  1864,^'''  since  such  payment 
is  discretionary.^^  But  it  will  be  to  compel  the  levying  of  a 
special  tax  under  the  Act  of  March  31,  1864,  where  the  in- 
aebtedness  of  the  township  has  been  ascertained.^^  In  such 
case  the  court  must  first  ascertain  the  necessary  facts. ^*^  The 
order  directing  the  levying  of  the  special  tax  will  not  be  re- 
voked after  it  has  been  executed,  where  the  objection  raised 
could  have  been  made  at  the  time.^^ 

Writs  of  mandamus  may  be  issued  to  compel  the  tax  collector 

50  Commonwealth  vs.  Doylestown  Supervisors,  16  Pa.  C.  C.  161. 

51  Whitemarsh  Township  vs.  Phila.,  Germantown  and  Norristown  R. 
Co.,  8  W.  &  S.  365. 

52  Commonwealth  vs.  Penna.  R.  R.,  11  Montg.  52. 

53  Porter  Township  Overseers  vs.  Jersey  Shore  Overseers,  82  Pa.  275. 

54  Billman  vs.  Carroll  Twp.  Supervisors,  i  Pa.  C.  C.  129.  In  Carman  vs. 
Carroll  Twp.,  i  D.  R.  530,  it  was  said  that  the  remedy  in  such  case  was  by 
indictment,  since  the  erection  was  discretionary  with  the  supervisors.  And 
the  same  was  held  in  case  of  a  bridge  in  Commonwealth  vs.  Killinger,  i 
Pearson  257. 

55  Commonwealth  vs.  Upper  Darby  Township  Auditors,  5  Del.  Co.  22. 

56  Act  April  14,  1864,  P.  L.  420,  Sec.  i,  i  P.  &  L.  Dig.  435. 

57  Act  August  22,  1864,  P.  L.  980,  Sec.  i,  i  P.  &  L.  Dig.  435. 

58  Keasy  vs.  Bricker,  60  Pa.  9;  Jefferson  Township  School  Directors,  i 
Pearson  252. 

59  Lehigh  Coal  and  Navigation  Co.'s  Ap.,  112  Pa.  360;  Brown  vs.  Rush 
Township  No.  i,  5  D.  R.  517,  s.  c.  18  Pa.  C.  C.  394 ;  Brown  vs.  Rush  Town- 
ship No.  2,  5  D.  R.  518,  s.  c.  18  Pa.  C.  C.  397 ;  In  re  Indebtedness  of  Marcy 
Township,  10  Kulp  43. 

60  Wilkes-Barre  Township  Indebtedness,  4  Kulp  83. 

61  Tax  in  Cass  Twp.,  2  Leg.  Rec.  Report  227. 


ACTIONS  BY  AND  AGAINST  TOWNSHIPS.  249 

to  collect  the  taxes.^^-  Or  to  compel  the  tax  collector  to  pay- 
over  the  amount  collected  to  the  treasurer.^^  Or  to  compel  the 
supervisors  to  pay  over  money  collected  to  the  township  treas- 
urer.^^ Or  to  compel  the  proper  officers  to  furnish  the  dupli- 
cates to  the  tax  collector/^  Or  to  compel  the  county  treasurer 
to  pay  money  in  his  hands  upon  a  judgment. ^^  Or  to  pay  over 
liquor  license  fees.^'^  Or  to  compel  the  township  treasurer  to 
pay  out  the  moneys  received  by  virtue  of  a  special  tax ;  but  he 
will  not  be  compelled  to  pay  interest  from  the  date  of  the  de- 
cree fixing  the  indebtedness.^^  Or  to  compel  the  supervisors  to 
pay  for  a  road  scraper. ^^  Or  to  pay  an  order  drawn  upon  them 
by  justices  of  the  peace  by  virtue  of  a  provision  of  a  special 
Act  of  Assembly.'''*'  But  a  tax  collector  will  not  be  directed  to 
pay  an  order  drawn  upon  the  township  treasurer,  since  such  is 
not  his  duty,  though  there  be  no  treasurer.'^^ 

Mandamus,  Continued. 

244.  If  the  term  of  office  of  the  person  to  whom  the  writ  is 
directed  expires  before  compliance  with  the  order  an  alias  writ 
should  be  issued  to  his  successor.'^^  From  the  decree  of  the 
court  an  appeal  may  be  taken,  but  only  from  a  final  decree.'''^  A 
taxpayer  does  not  have  the  right  to  intervene  in  such  appeal 
where  the  mandamus  was  to  compel  the  levying  of  a  special  tax 
under  the  Act  of  March  31,  1864,'''^  since  such  right  is  given 

62  Somerville  vs.  Gallaher,  13  Pa.  C.  C.  666. 

63  Commonwealth  vs.  O'Day,  6  Kulp  167 ;  Commonwealth  vs.  Thomp- 
son, 2  Foster  394. 

64  Commonwealth  vs.  Norton,  3  Kulp  231. 

65  Commonwealth    vs.    Bitting,    2    Pa.    C.    C.    298 ;    Commonwealth    vs. 
Philadelphia  Commissioners,  2  Parsons  220. 

66  Commonwealth  vs.  Thompson,  86  Pa.  442. 

67  Kennedy  vs.   Scranton,  4  Lack.  J.  357. 

68  Shea  vs.  Plains  Twp.,  7  Kulp  554. 

69  Scraper  Co.  vs.  Pine  Township  Supervisors,  4  D.  R.  501. 

70  Commonwealth  vs.  Johnson,  2  Binney  275. 

71  Hoover  vs.  Reap,  14  York  62. 

72  Bonner  vs.  Foster  Twp.,  10  Pa.  C.  C.  477,  s.  c.  6  Kulp  328. 

73  Supervisors  of  Saucon  Township  vs.  Broadhead,  9  Atl.  63. 

74  Act  March  31,  1864,  P.  L.  162,  2  P.  &  L.  Dig.  4602. 


250  LAW    OF    TOWNSHIPS    IN    PENNSYLVANIA. 

under  the  Act  of  March  23,  1877/^  only  in  proceedings  in  the 
court  of  common  pleas.'^^ 

Execution. 

245.  If  a  judgment  is  obtained  against  the  township,  the 
court  in  which  such  judgment  is  obtained,  or  to  which  it  is  re- 
moved by  transcript,  may  issue  a  writ  commanding  the  officers 
to  pay  the  same  with  the  interest  and  costs  out  of  unappropri- 
ated moneys,  or  if  there  be  no  such  moneys,  out  of  the  first 
money  that  shall  be  received  for  the  use  of  the  township. 
Obedience  to  the  writ  may  be  enforced  by  the  attachment.^ '^ 
There  is  no  power  in  a  justice  of  the  peace  to  issue  an  execu- 
tion upon  the  judgment  and  attach  money  in  the  hands  of  a 
taxpayer.  All  proceedings  in  such  case,  subsequent  to  the  entry 
of  the  original  judgment  will  be  set  aside. ^^  If  a  judgment  is 
recovered,  the  township  has  no  right  to  a  stay  of  execution.^^ 

75  Act  March  23,  1877,  P-  L.  20,  i  P.  &  L.  Dig.  1000. 

76  Lehigh  Coal  &  Navigation  Co.'s  Appeal,  112  Pa.  360. 

T]  Act  April  15,  1834,  P.  L.  537,  Sees.  6,  7,  i  P.  &  L.  Dig.  998-9. 

78  Hilbert  vs.  North  Codorus  Twp.,  14  York  21. 

79  Morgan  vs.  Moyamensing  Township,  2  Miles  397. 


CHAPTER  XXV. 

NEGLIGENCE. 

SECTION  SECTION 

246.  Liability  of  township  for  neg-  250.  Liability  where    third    parties 

ligence.  are  negligent. 

247.  Liability,  continued.  251.  Evidence  of  negligence. 

248.  Guards.  252.  Sidewalks. 

249.  Bridges.  253.  Notice. 

Liability  of  Townships  for  Negligence. 

246.  The  township  is  liable  to  persons  who  may  suffer  from 
the  neglect  of  the  supervisors  to  keep  the  roads  and  bridges  in 
proper  condition  and  repair.^  The  negligence  for  which  the 
township  may  be  responsible  to  one  injured  by  it,  may  for  con- 
venience, be  divided  into  three  classes :  ( i )  Negligence  in  the 
prosecution  of  its  own  improvements;  (2)  negligence  in  not 
removing  or  preventing  dangers  put  by  nature  upon  its  high- 
way; and  (3)  negligence  in  not  removing  dangers  put  thereon 
by  the  acts  of  individuals. 

The  topographical  features,  population  and  taxable  ability 
of  the  township  necessarily  governs  the  original  construction 
of  the  highway.^  Though  the  road  as  originally  laid  out  may 
suffice,  yet  where  the  travel  greatly  increases,  the  duty  of  vigi- 
lance on  the  part  of  the  township  authorities  rises  with  the  in- 
creased travel  upon  the  road.^  Streets  and  sidewalks  in  the 
built-up  portions  of  towns  or  cities  must  be  kept  in  a  safe  condi- 
tion over  their  entire  width.  "But  this  has  never  been  held  to 
be  a  rule  as  regards  country  roads.     They  are  seldom,  if  ever, 

1  Dean  vs.  New  Milford  Twp.,  5  W.  &  S.  545. 

2  Perry  Twp.  vs.  John,  79  Pa.  412. 

3  Davis  vs.  Snyder  Twp.,  196  Pa.  273. 


252  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

kept  repaired  from  side  to  side.  A  sufficient  portion  of  the 
middle  only  is  kept  in  a  smooth  condition,  and  safe  and  con- 
venient for  travel.  The  rest  is  often  left  dangerous  by  reason 
of  ditches  and  obstructions  of  various  kinds."  ^ 

This  duty  of  repairing  the  highway  exists  though  the  road 
has  never  been  opened  by  order  of  court,  but  has  been  kept 
in  repair  by  the  supervisors.^  And  this  is  true  where  the  road 
is  not  ordinarily  used  beyond  a  certain  point,  but  has  not  been 
vacated.*^  The  duty  to  repair  exists  in  the  case  of  a  road  substi- 
tuted by  a  railroad  company. ''^  And  the  same  is  true  of  a 
bridge  built  as  a  substitute  for  the  road.^  If  a  part  of  the 
highway  be  taken  by  the  railroad  and  the  remaining  portion  be- 
comes dangerous,  and  is  not  repaired,  the  township  is  liable  for 
the  injury  resulting.®  If  the  road  be  occupied,  pending  a  re- 
location, the  municipal  authorities  must  erect  barriers  to  notify 
others  not  to  use  the  same,  or  liability  will  attach.^^  The  right 
to  secure  indemnification  from  the  railroad  company  does  not 
relieve  the  township  of  its  liability. ^^ 

The  fact  that  the  supervisors  are  personally  liable  does  not 
relieve  the  municipality.^^  Nor  is  it  material  that  the  repairing 
of  the  roads  has  been  let  by  contract  as  provided  by  a  local  Act 
of  Assembly.^ ^ 

4  Paxron,  J.,  in  Monongahela  City  vs.  Fischer,  iii  Pa.  13:  "If  there  is 
a  country  road  in  Pennsylvania  where  a  man  groping  about  in  the  darkness 
of  the  night  without  a  stafif  or  Hght,  may  not  be  injured,  I  do  not  know  of 
it.  There  are  ditches,  bridges,  rocks,  stumps  and  other  elements  of  dan- 
ger outside  of  the  travelled  portion.  The  rule  applicable  to  paved  streets 
in  cities  has  never  been  applied  to  country  roads,  and  cannot  be  without 
serious  injustice  to  the  rural  portions  of  the  State." 

5  Township  of  Lower  Windsor  vs.  Gemmill,  16  W.  N.  C.  265. 

6  Bishop  vs.  Schuylkill  Township,  20  W.  N.  C.  105. 

7  Dalton  vs.  Upper  Tyrone  Township,  137  Pa.  18. 

8  Newlin  Twp.  vs.  Davis,  77  Pa.  317. 

9  Aston  Township  vs.  McClure,  102  Pa.  322. 

10  Snyder  vs.  Penn  Twp.,  14  Pa.  Sup.  145. 

11  Aston  Twp.  vs.  Chester  Creek  R.  R.  Co.,  2  Del.  Co.  9. 

12  Dean  vs.  New  Milford  Township,  5  W.  &  S.  545. 

13  Mahanoy  Twp.  vs.  Scholly,  84  Pa.  136;  Munnell  vs.  Peters  &  N.  S. 
Twps.,  22  P.  L.  J.,  O.  S.  78. 


NEGLIGENCE.  253 

Liability. — Continued. 

247.  The  township  is  not  an  insurer  against  latent  defects, 
but  the  supervisors  are  bound  to  make  a  reasonable  inspection 
to  discover  such.^^  Thus  where  the  injury  occurs  from  the  na- 
tural decay  of  a  bridge,  no  reasonable  effort  having  been  made 
to  discover  the  same,  the  township  is  liable.^ ^  A  recovery  may 
be  had  where  the  injury  occurred  from  the  falling  into  a  hole 
excavated  by  miners  and  not  guarded  against.^ ^  Or  where  the 
injury  occurred  by  reason  of  a  hole  in  a  bridge.^ ''^  Or  where 
the  approach  to  the  bridge  is  filled  with  loose  dirt  so  as  to  cause 
injury  when  stepped  upon  by  a  horse.  ^*  The  obstruction  of  a 
stream,  not  merely  the  result  of  an  error  of  judgment,  raises 
liability.^ ^  And  the  same  is  true  where  the  injury  results  from 
the  negligent  allowance  of  a  snow  drift  upon  the  highway.^" 
But  no  recovery  can  be  had  where  reasonable  diligence  in  re- 
moving the  snow  has  been  used.^^  Injury  resulting  from  neg- 
ligent permissive  accumulation  of  ice  may  be  recovered  for 
from  the  municipality.^^  So  it  is  negligent  to  permit  a 
rut  on  a  hillside  which  causes  the  overturning  of  a  wagon.^^ 
But  though  a  wagon  is  found  with  the  wheels  in  a  rut,  no  re- 
covery can  be  had  for  the  death  of  the  driver,  when  it  does  not 
appear  how  the  accident  occurred,  and  the  evidence  shows 
the  road  to  have  been  freely  traveled  with  no  other  injury  re- 
sulting.^^ Liability  may  exist  where  the  injury  resulted  from 
a  mud  hole,  but  it  must  appear  that  such  was  the  proximate 
cause  of  the  loss.     So  if  the  harm  comes  from  the  choking  of 

14  Rapho  Twp.  vs.  Moore,  68  Pa.  404. 

15  Whitmire  vs.  Muncy  Creek  Twp.,  17  Pa.  Sup.  399;  Rapho  Twp.  vs. 
Moore,  68  Pa.  404. 

16  Lower  Macungie  Twp.  vs.  Merkhoffer,  71  Pa.  276. 

17  Heisey  vs.  Rapho  Twp.,  181  Pa.  561. 

18  Hager  vs.  Wharton  Twp.,  200  Pa.  281. 

19  Shieb  vs.  Collier  Twp.,  il  Atl.  366. 

20  Wright  vs.  Lehman  Twp.,  19  Pa.  Sup.  653. 

21  Lynn  vs.  Ralpho  Twp.,  186  Pa.  420. 

22  Fry  vs.  Perkiomen  Twp.,  i  Montg.  Co.  31. 

23  Sutter  vs.  Young  Twp.,  130  Pa.  72. 

24  Stringert  vs.  Ross  Township,  179,  Pa.  614. 


254  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

a  horse  in  pulling  a  wagon  from  such  a  hole,  no  recovery  can 
be  had.^^  For  the  same  reason  no  recovery  can  be  had 
where  a  wagon  was  dragged  into  a  hole,  the  horse  having  taken 
fright  at  an  outside  object.^® 

Though  the  road  be  in  a  bad  condition,  if  such  is  the  result 
of  the  weather  and  nature  of  the  soil,  and  is  not  due  to  the 
failure  to  make  repairs,  no  recovery  can  be  had.^^  The  negli- 
gent permitting  of  a  stone  heap  to  remain  in  the  highway,  caus- 
ing an  accident,  gives  a  right  of  action,  but  if  such  was  not  the 
proximate  cause  of  the  loss,  the  contrary  is  true.^^  Or  where 
a  tree  though  standing  in  the  highway  is  not  the  cause  of  the 
damage.^^  A  failure  to  provide  a  passage  of  sufficient 
width  at  a  curve  upon  a  hill  is  evidence  of  neglect.^*^ 
The  municipality  is  bound  to  foresee  that  the  ordinary 
horse  may  be  frightened.  ^^  But  it  is  not  bound  to  provide  a 
road  for  exceptionally  vicious  animals.^^  The  highway  must 
be  kept  in  such  repair  that  skittish  animals  can  be  used.^^  In 
Trexler  vs.  Greenwich  Township,^^  it  is  stated  that  the  rule  that 
the  highway  must  be  kept  in  such  repairs  that  skittish 
animals  can  be  employed  without  risk  is  to  be  qualified.  "The 
duty  is  to  make  provision  against  such  dangers  as  are  probable 
in  the  use  of  ordinarily  manageable  horses  and  not  in  the  use  of 
untrained  and  uncontrollable  horses.  This  duty  is  per- 
formed when  the  roads  are  maintained  in  a  reasonably  safe 
condition  for  the  ordinary  public  travel." 

25  Chartiers  Twp.  vs.  Phillips,  122  Pa.  601. 

26  Schaeffer  vs.  Jackson  Twp.,  150  Pa.  145. 

27  Brendlinger  vs.  New  Hanover  Twp.,   148   Pa.  93. 

28  Jackson  Twp.  vs.  Wagner,  127  Pa.  184. 

29  Worrilow  vs.  Upper  Chichester  Twp.,  149,  Pa.  40. 

30  Menges  vs.  Muncy  Creek  Twp.,  i  Penny  179. 

31  Boone  vs.  East  Norwegian  Twp.,   192  Pa.  206;   Yoders  vs.  Amwell 
Twp.,  172  Pa.  447. 

32  Bitting  vs.  Maxatawny  Twp.,  177  Pa.  213. 

33  Lower  Macungie  Twp.  vs.  Merkhoffer,  71  Pa.  276   ;Dixon  vs.  Butler 
Twp.,  4  Pa.  Sup.  333. 

34  Trexler  vs.  Greenwich  Twp.,  168  Pa.  214. 


NEGLIGENCE.  255 

Guards. 

248.  If  a  public  road  through  a  township  is  so  dangerous, 
by  reason  of  the  proximity  to  a  precipice,  that  common  pru- 
dence requires  precaution  in  order  to  secure  safety  to  travelers, 
the  township  is  bound  to  use  such  precaution,  and  the  omis- 
sion to  do  so  is  negligence.  It  is  immaterial  that  the  township 
is  not  given  the  power  to  tax  itself  for  road  purposes  beyond 
one  per  cent,  on  the  county  valuation. ^^  And  barriers 
must  be  erected  to  protect  the  public  from  defects  resulting 
from  the  repairs  of  the  road.^^  It  must  protect  the  highway 
from  a  canal.^'^  And  from  a  railroad. ^^  And  shut  off  an  un- 
safe and  dangerous  road,  taken  by  a  railroad  company  under 
legal  authority,  pending  relocation."'-^  It  is  no  excuse  for  the 
failure  to  erect  barriers  that  such  action  would  interfere  with  a 
log-way  used  by  the  public.^*^  Though  guards  have  been 
erected,  the  duty  of  the  municipality  is  not  performed,  unless 
the  same  are  kept  in  repair."*^  Whether  the  township  has  been 
negligent  in  failing  to  erect  such  barriers  is  a  question  of  fact 
for  the  jury.^^  And  if  a  sufficiently  wide  and  level  road  is  pro- 
vided, a  recovery  cannot  be  had  for  the  injury  sustained  from 
the  falling  over  the  bank,  though  the  presence  of  a  guard  at  such 
a  point  might  have  reduced  the  amount  of  injury.^^ 

If  the  municipality  is  negligent  in  failing  to  provide  the 
proper  barriers  a  recovery  can  be  had,  though  the  injury  was 
caused  by  the  combined  negligence  of  the  township  and  of  a 
third  person.  So  where  a  horse,  frightened  by  a  steam 
thresher,  standing  by  the  road,  jumps  over  an  unguarded  de- 

35  Scott  Twp.  vs.  Montgomery,  95  Pa.  444. 

36  Millcreek  Twp.  vs.  Perry,  20  W.  N.  C.  359. 

37  Lower  Windsor  Twp.  vs.  Gemmill,  16  W.  N.  C.  265. 

38  Ewing  vs.  North  Versailles,  146  Pa.  309. 

39  Snyder  vs.   Penn  Twp.,  14  Pa.  Sup.  145. 

40  Kelley  vs.  Mayberry  Twp.,  154  Pa.  440. 

41  Aston  Twp.  vs.  McClure,  102  Pa.  322. 

42  Glaub  vs.  Goshen  Township,  7  Kulp  292. 

43  Heister  vs.  Fawn  Twp.,  189  Pa.  253;  Bishop  vs.  Schuylkill  Twp.,  20 
W.  N.  C.  105. 


256  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

clivity,  a  recovery  may  be  had.^^  Or  where  the  horse  shied  at 
a  sewer  pipe  placed  by  a  contractor  at  the  side  of  a  road,  and 
as  a  result  backed  the  team  over  the  unguarded  embankment.^^ 
But  it  must  appear  that  the  negligence  was  the  proximate  cause 
of  the  injury,  as  it  does  where  the  fright  of  the  horse  was 
caused  by  a  splash  in  the  stream  at  the  base  of  the  declivity, 
causing  its  fright  and  the  consequent  backing  over  the  bank.^^ 
But  if  the  fright  was  the  result  of  the  breaking  of  the  wagon, 
the  cause  is  too  remote.^'^  So  it  must  appear  that  the  plaintiff 
was  free  from  contributory  negligence.  Thus  the  plaintiff 
could  not  recover  where  a  horse,  which  he  was  leading  by  a 
strap  around  his  body,  fell  over  the  bank,  pulling  him  from  his 
buggy,  and  causing  the  injury.^^  On  the  same  principle,  the 
plaintiff,  found  by  the  jury  to  be  intoxicated  at  the  time  of  the 
accident  cannot  recover.^^  But  it  is  not  negligence  per  se  to 
drive  on  a  road  known  to  be  unguarded. ^*^ 

The  municipality  is  also  under  the  obligation  to  guard  the 
public  road  from  mine  holes.^^  But  no  recovery  could  be  had 
in  such  case  where  the  road  was  of  sufficient  width,  and  the 
hole  was  not  in  the  traveled  way.^^  And  it  is  for  the  jury  to 
say  whether  the  plaintiff  was  guilty  of  contributory  negligence, 
where  the  plaintiff  fell  into  a  mine  hole  which  was  unguarded, 
but  not  in  the  traveled  portion  of  the  road,  while  he  was  walk- 
ing in  the  dark  without  a  lamp.^^  But  it  is  no  defense  to  the 
township  that  the  accident  might  have  been  avoided  at  the  place 
in  question  by  careful  driving,  since  the  road  must  be  kept  in 

44  Burrell  Twp.  vs.  Uncapher,  117  Pa.  353. 

45  Davis  vs.  Snyder  Twp.,  196  Pa.  273. 

46  Closser  vs.  Washington  Twp.,  11  Pa.  Sup.  112. 

47  Card  vs.  Columbia  Twp.,  191  Pa.  254. 

48  Bailey  vs.   Brown  Twp.,   190  Pa.   530. 

49  Hershey  vs.  Commissioners  of  Mill  Creek  Twp.,  9  Atl.  452. 

50  Wilson  vs.  O'Hara  Twp.,  14  Pa.  Sup.  258. 

51  Hogan  vs.  West  Mahanoy  Twp.,  174  Pa.  352;  Ammerman  vs.  Coal 
Twp.,  187  Pa.  326;  Lower  Macungie  Twp.  vs.  Merkhoffer,  71  Pa.  276. 

52  Ammerman  vs.  Coal  Twp.,  187  Pa.  326. 

53  Hogan  vs.  West  Mahanoy  Twp.,  174  Pa.  352. 


NEGLIGENCE.  257 

such  repair  that  skittish  animals  may  be  employed  without  risk 
or  danger  on  it,  by  reason  of  the  condition  of  the  road.^^  A 
municipality  must  also  protect  by  a  guard  an  embankment 
erected  in  the  construction  of  a  culvert  under  the  highway.^^ 

Bridges. 

249.  The  township  is  liable  for  injuries  resulting  from  the 
negligent  construction  or  care  of  the  township  bridges,  unless 
that  duty  has  been  shifted  by  the  Act  of  April  13,  1843,  to  the 
county.  Where  that  legislation  applies  the  latter  must  re- 
pair the  bridge,  as  well  as  the  approaches.  And  the  fact  that 
the  supervisors  of  the  township  have  made  certain  repairs  is 
immaterial.^®  Where  a  joint  township  bridge  has  been  erected, 
and  it  has  been  agreed  that  each  municipality  shall  maintain 
a  certain  portion  of  it,  each  will  be  liable  for  injuries  resulting 
from  negligence  in  the  care  of  the  part  belonging  to  it.^^  In 
the  construction  of  a  bridge  by  the  township,  and  the  care  of  it, 
its  length,  width,  the  nature  of  the  approaches,  the  amount  of 
the  travel,  and  all  of  the  surrounding  circumstances  must  be 
considered. ^^  The  approaches  to  the  bridge  must  be  kept  in  a 
reasonably  safe  condition.  So  where  a  horse  was  injured  by 
stepping  into  a  depression  at  the  end  of  the  bridge,  filled  with 
loose  dirt,  and  is  thus  injured,  a  recovery  can  be  had.^^  Where 
the  circumstances  require  the  erection  of  a  guard  rail  in  order 
to  make  the  bridge  reasonably  safe,  the  supervisors  must  erect 
it,  or  the  township  will  be  responsible  for  the  injuries  result- 
ing from  their  negligence.*^^  Whether  or  not  the  failure  to 
erect  the  barrier  is  negligence,  is  a  question  of  fact  for  the 
jury.®^     And  the  same  duty  exists  in  the  case  of  the  abutments 

54  Lower  Macungie  Twp.  vs.  Merkhoffer,  71   Pa.  276. 

55  Hitchcock  vs.  Amity  Twp.,  200  Pa.  247. 

56  Francis  vs.  Franklin  Twp.,  179  Pa.  195. 

57  Sheridan  vs.   Palmyra  Township,  180  Pa.  439. 

58  Finnegan  vs.  Foster  Twp.,  163  Pa.  135. 

59  Hager  vs.  Wharton  Twp.,  200  Pa.  281. 

60  Finnegan  vs.  Foster  Twp.,  163  Pa.  135. 

61  Mechesney  vs.   Unity  Twp.,   164  Pa.  358;   Worley  vs.   Dover  Twp, 
7  York  160. 


258  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

to  the  bridge.^^  Since  the  fright  of  a  horse  is  an  ordinary 
circumstance,  which  is  to  be  foreseen,  a  recovery  may  be  had 
where  the  bridge  has  been  negligently  left  unguarded  and  an 
accident  from  such  cause  follows."'^  Or  where  the  horse  backs 
from  the  bridge.^^  The  floor  of  the  bridge  must  also  be  kept  in 
reasonably  safe  condition,  and  it  is  for  the  jury  to  say  whether 
the  leaving  of  the  planks  unspiked  is  negligence. ^^  And  a 
recovery  may  be  had  where  the  horse  is  injured  by  reason  of 
a  depression  at  the  edge  of  the  bridge,  not  properly  protected.''^ 
Or  where  the  planks  have  become  warped  or  dangerous.*'' 
Though  the  township  is  not  liable,  where  the  injury  results  from 
latent  defects,  yet  it  is  reasonable  to  expect  that  timbers  will 
decay,  and  a  proper  examination  to  determine  this  fact  must  be 
made  in  order  to  relieve  the  municipality  where  an  accident  re- 
sults.^^  Where  the  bridge  is  closed  for  repairs,  the  party  who 
tests  the  safety  of  it  by  crossing,  or  who  drives  through  the 
stream,  no  road  having  been  opened  at  such  place  by  the 
township,  cannot  recover,  he  being  guilty  of  contributory  neg- 
ligence.®^ 

Liability  Where  Third  Parties  Are  Negligent. 

250.  Acts  of  individuals  may  put  the  highway  into  a  condi- 
tion of  perilousness,  and  after  notice,  express  or  constructive, 
the  municipality  must  correct  this  condition  within  a  reason- 
able times.    Thus,  if  the  accident  occurred  by  striking  an  ash 


62  Dalton  vs.  Upper  Tyrone  Twp.,  137  Pa.  18;  Corbalis  vs.  Newberry 
Twp.,  132  Pa.  9. 

6:i  Boone  vs.  East  Norwegian  Twp.,  192  Pa.  206;  Wilson  vs.  O'Hara 
Twp.,  14  Pa.  Sup.  258 ;  Worley  vs.  Dover  Twp.,  7  York  160. 

64  Yoders  vs.  Amwell  Twp.,  172  Pa.  447;  Cage  vs.  Franklin  Twp.,  11 
Pa.  Sup.  533. 

65  Zimmerman  vs.  Conemaugh  Twp.,  2  Cent.  361,  s.  c.  5  Atl.  45. 

66  Hager  vs.  Wharton  Twp.,  200  Pa.  281. 

67  Kingston  Twp.  vs.  Gibbons,  18  W.  N.  C.  334,  s.  c.  6  Atl.  115. 

68  Rapho  Twp.  vs.  Moore,  68  Pa.  404 ;  Ford  vs.  Roulet  Twp.,  9  Pa.  Sup 

643. 

69  Crescent  Twp.  vs.   Anderson,   114  Pa.  643. 


NEGLIGENCE.  259 

heap  negligently  left  upon  the  highway,  recovery  may  be  had.'^^ 
Or  where  a  contractor  under  the  direction  of  a  supervisor 
placed  materials  upon  the  road  J  ^  Or  a  recovery  may  be  had 
where  the  horse  shied  at  a  sewerpipe  placed  by  the  side  of  the 
road,  as  a  result  of  which  injury  occurred,'^^  Or  under  similar 
circumstances,  where  the  obstruction  was  a  pile  of  lumber.'^® 
Or  3)  boiler  left  upon  an  untraveled  part  of  the  roadJ^  Or  a 
steam  thresher."^^  Or  a  derrick  operated  in  a  quarry  by  the 
side  of  the  road/®  But  no  recovery  can  be  had  where  there 
was  no  actual  or  constructive  notice  to  the  township.'^  "^  Nor 
will  the  township  be  liable  for  an  injury  resulting  to  the  owner 
of  a  horse  who  alighted  from  his  buggy  because  of  the  fear  that 
a  log  might  jump  from  a  log  slide  erected  on  adjoining  land, 
and  who  would  not  have  been  injured  had  he  remained  in  the 
vehicle.  There  is  no  power  in  such  case  vested  in  the  super- 
visors to  destroy,  remove  or  prevent  the  use  of  such  structure 
erected  for  the  prosecution  of  legitimate  business. '^^  It  is  the 
duty  of  the  township  to  prevent  the  use  of  a  road  taken  by  a 
railroad  pending  re-location,  by  the  erection  of  a  barrier,  and  if 
it  fails  to  do  so,  and  injury  occurs,  a  recovery  may  be  had.^^ 
So  it  is  bound  to  protect  frightened  horses  from  a  railroad  par- 
allel with  the  highway.^^  But  it  is  error  to  leave  to  the  jury 
the  question  of  negligence  of  the  township  based  upon  the 
assumption  that  a  grade  crossing  was  dangerous,  and  that  the 


70  West  Mahanoy  Twp.  vs.  Watson,  116  Pa.  344;  West  Mahanoy  vs. 
Watson,  112  Pa.  574. 

71  Hedricks  vs.  Schuylkill  Twp.,  16  Pa.  Sup.  508. 

72  Davis  vs.  Snyder  Twp.,  196  Pa.  273. 

73  North  Manheim  Twp.  vs.  Arnold,  119  Pa.  380. 

74  Ide  vs.  Lake  Twp.,  191  Pa.  182. 

75  Burrell  Twp.  vs.  Uncapher,  117  Pa.  353. 

76  Kitchen  vs.  Union  Twp.,  171  Pa.  145. 

77  Allen  vs.  East  Buffalo  Twp.,  22  Pa.  C.  C,  346.     Here  the  abutting 
owner  failed  for  six  days  to  fill  in  an  excavation  made  for  a  gas  pipe. 

78  Haines  vs.  Barclay  Twp.,  181  Pa.  521. 

79  Snyder  vs.  Penn  Township,  14  Pa.  Sup.  145. 

80  Plymouth  Twp.  vs.  Graver,  125  Pa.  24. 

17 


26o  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

municipality  is  by  law  required  to  provide  means  of  wholly 
avoiding  such  danger.^^ 

Evidence  of  Negligence. 

251.  The  burden  is  upon  the  plaintiff  to  prove  the  negligence 
of  the  defendant.  If  there  be  no  evidence  of  a  defect,  or  that 
such  caused  the  injury,  no  recovery  can  be  had.^^  The  negli- 
gence on  the  part  of  the  municipality  in  failing  to  keep  its  high- 
way in  repair  may  be  shown  by  circumstantial  evidence.^ ^  It 
is  proper  to  show  by  plans  or  photographs  the  condition  of  the 
highway.^'*  Though  the  photographs  have  been  taken  after 
changes  have  been  made  in  the  road.^^  Before  such  are  ad- 
mitted in  evidence  preliminary  proof  as  to  the  care  in  the  tak- 
ing of  them  should  be  offered. ®®  Where  plans  or  photographs 
are  in  evidence,  it  is  error  to  permit  witnesses  to  give  their 
opinion  as  to  the  safety  of  the  road.^''^  Subsequent  alterations 
made  by  the  township  after  the  accident  may  be  proven.^*  But 
such  repairs  must  not  be  too  remote  in  time,  or  they  cannot  be 
shown.  Thus  it  is  too  late  to  prove  a  change  made  a  month 
after  the  accident.^^  The  proof  should  conform  to  the  allega- 
tion made  in  the  statement,  but  the  variance  was  not  fatal, 
where  the  accident  was  alleged  to  have  occurred  upon  a  road 
leading  from  E  to  M,  the  proof  showing  that  it  did  not  occur 
between  those  points,  it  appearing  that  the  defendant  was  not 
misled.^" 

81  Dixon  vs.  Township  of  Butler,  4  Pa.  Sup.  333. 

82  Tompsett  vs.  Glade  Twp.,  198  Pa.  376;  Stringert  vs.  Ross  Township, 
179  Pa.  614;  Ohl  vs.  Bethlehem  Twp.  No.  i,  199  Pa.  588;  Ohl  vs.  Bethle- 
hem Twp.  No.  2,  199  Pa.  590. 

83  Rockefeller  Twp.  vs.  Rhodes,  4  Walker  410. 

84  Closser  vs.  Washington  Twp.,  11  Pa.  Sup.  112. 

85  Beardslee  vs.  Columbia  Twp.,  188  Pa.  40. 

86  Beardslee  vs.  Columbia  Twp.,  188  Pa.  496. 

87  Beardslee  vs.  Columbia  Twp.,  188  Pa.  496;  Closser  vs.  Washington 
Twp.,  II  Pa.  Sup.  112;  Platz  vs.  McKean  Township,  178  Pa.  601. 

88  Card  vs.  Columbia  Twp.,  191  Pa.  254. 

89  Hager  vs.  Wharton  Twp.,  200  Pa.  281. 

90  Platz  vs.  McKean  Twp.,  178  Pa.  601. 


NEGLIGENCE.  26 1 

Sidewalks. 

252.  Since  there  is  no  statutory  obligation  upon  the  town- 
ship to  build  sidewalks,  or  to  keep  the  same  in  repair,  no  liability 
attaches  for  injury  resulting  from  their  use.  Even  though  a 
local  Act  of  Assembly  provides  for  the  construction  of  such, 
the  cost  to  be  deducted  from  the  road  taxes,  a  recovery  cannot 
be  had  from  the  municipality.  This  is  true  though  the  work 
is  done  by  a  supervisor,  for  in  so  acting  he  is  merely  the  agent 
of  the  owner  of  the  land.^^  Even  if  any  liability  existed,  no  re- 
covery could  be  had  where  the  plaintiff  cannot  show  that  the 
injury  was  occasioned  by  reason  of  the  defect.^^  A  turnpike 
company  which  permits  a  sidewalk  in  the  township  to  be  built 
along  its  roadway  must  keep  the  same  in  reasonable  repair  or 
remove  it.    If  it  fails  a  recovery  may  be  had  against  it.^^ 

Notice. 

253.  The  township  is  liable  for  obstructions  placed  upon  the 
highway  by  others,  if  it  has  actual  notice  or  constructive  no- 
tice. Information  obtained  by  the  supervisor  is  notice  to  the 
township,  since  he  is  an  officer  or  agent  of  it  charged  with  the 
care  of  its  highways.^^  This  notice  may  be  shown  by  proving 
that  similar  obstructions  had  been  placed  there  before.^^  Or 
that  the  actual  impediment  was  known  of  for  a  reasonable 
period.^^  If  the  defect  could  have  been  discovered  by  the  use  of 
reasonable  diligence,  it  will  be  imputed  to  the  township.  Thus, 
it  is  reasonable  to  expect  that  the  timber  of  a  bridge  will  decay, 
and  a  proper  examination  must  be  made  to  detect  this  fact.®^ 

91  Langdon  vs.  Chartiers  Township,  131  Pa.  yy;  Chartiers  Township  vs. 
Langdon,  114  Pa.  541.  Note: — For  sidewalks  in  townships  of  the  first 
class,  see  the  Acts  of  April  28,  1899,  P.  L.  104,  Sees.  7,  12,  4  P.  &  L.  Dig. 
917.  923,  and  April  23,  1903,  P.  L.  265. 

92  Tompsett  vs.  Glade  Twp.,  198  Pa.  376. 

93  Chartiers  &  R.  Turnpike  Road  Co.  vs.  Nester,  7  Atl.  162. 

94  Platz  vs.  McKean  Township,  178  Pa.  601. 

95  North  Manheim  Township  vs.  Arnold,  119  Pa.  380. 

96  Ide  vs.  Lake  Twp.,  191  Pa.  182;  Heisey  vs.  Rapho  Twp.,  181  Pa.  561. 

97  Rapho  Twp.  vs.  Moore,  68  Pa.  404;  Ford  vs.  Roulet  Twp.,  9  Pa. 
Sup.  643;  Whitmire  vs.  Muncy  Creek  Twp.,  17  Pa.  Sup.  399;  Smith  vs. 
Muncy  Creek  Twp.,  206  Pa.  7. 


262  LAW   OF  TOWNSHIPS  IN   PENNSYLVANIA. 

But  the  defect  must  have  existed  for  a  sufficient  length  of  time 
so  that  by  the  exercise  of  reasonable  care  and  diligence  the 
supervisors  could  have  learned  of  it.  Thus  constructive  notice 
will  not  be  presumed  where  there  has  been  a  failure  to  close  a 
ditch  made  by  the  owner  of  an  abutting  property  six  days  be- 
fore the  accident  occurred.®^ 

98  Allen  vs.  East  Buffalo  Twp.,  22  Pa.  C.  C.  346. 


CHAPTER  XXVI. 

NEGLIGENCE. CONTINUED. 

SECTION  SECTION 

254.  Injury     the     natural     conse-  258.  Jurisdiction    of    actions    for 

quence.  negligence. 

255.  Contributory  negligence.  259.  Parties  to  actions. 

256.  Contributory  negligence,  con-  260.  Damages. 

tinued.  261.  Functions  of  court  and  jury. 

257.  Imputation     of     contributory 

negligence. 

Injury  the  Natural  Consequence. 

254.  The  negligence  of  the  township  in  respect  to  the  high- 
way or  otherwise,  is  not  a  ground  of  liability  for  damages  until 
injury  arises  to  someone,  nor  unless  this  injury  is  caused  by  the 
negligence.  To  determine  whether  the  negligent  act  was  the 
proximate  cause  of  the  injury,  the  rule  is  that  the  injury  must 
have  been  the  natural  and  probable  consequence  of  the  negli- 
gence; such  a  consequence  as  under  the  circumstances  of  the 
case,  might  and  ought  to  have  been  foreseen  by  the  defendant 
as  likely  to  flow  from  his  act.^  Thus  the  fact  that  an  accident 
happens  near  a  large  tree,  improperly  allowed  to  stand  in  the 
road,  or  near  a  deep  mud  hole,  but  to  which  neither  tree  nor 
mud  hole  in  any  manner  contributed,  will  not  make  the  town- 
ship liable.^  And  no  liability  will  attach  to  the  township  where 
by  reason  of  the  breaking  of  the  wagon  the  horse  ran  away 
and  overturned  it  upon  a  stone  heap.^  Or  threw  the  traveler 
over  an  unguarded  embankment.^     Or  fell  into  an  unguarded 

1  West  Mahanoy  Twp.  vs.  Watson,  116  Pa.  344. 

2  Chartiers  Twp.  vs.  Phillips,  122  Pa.  601. 

3  Jackson  Twp.  vs.  Wagner,  127  Pa.  184. 

4  Card  vs.  Columbia  Twp.,  191  Pa.  254. 

263 


264  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

quarry  pit.^  And  the  failure  to  guard  an  embankment,  over 
which  the  plaintiff  is  thrown,  is  not  the  proximate  cause  of  the 
injury  where  the  plaintiff  was  pulled  from  his  carriage  by  a 
horse  which  he  was  leading  by  a  strap.^  Or  where  the  injury 
occurred  because  of  imperfection  in  the  harness,  causing  the 
choking  of  the  horse  in  the  pulling  of  the  load  through  a  mud 
holeJ  Nor  is  there  any  liability  where  the  injury  is  the  re- 
sult of  an  extraordinary  accident.^  Or  where  a  horse  is  killed 
by  reason  of  running  upon  a  railroad  track  unguarded  by  bar- 
riers, as  the  result  of  the  overturning  of  a  sleigh.^  The  munici- 
pality is  bound  to  foresee  that  the  fright  of  horses  is  an  ordi- 
nary circumstance,  and  where  injury  occurs  by  reason  of  the 
backing  of  the  horse  from  an  unguarded  bridge  a  recovery  can 
be  had.^^  But  where  the  fright  is  the  result  of  an  outside 
cause,  which  could  not  have  been  foreseen,  such  as  scaring  at 
cattle,  no  recovery  can  be  had.^^  And  though  the  tendency  to 
take  fright  is  common,  such  is  not  true  of  balking  or  backing, 
and  where  the  horse  does  back  across  a  space  of  seventy  feet, 
and  over  an  unguarded  wall  of  a  bridge,  no  recovery  can  be 
had.^^  But  the  injury  resulting  from  the  backing  over  an  un- 
guarded embankment  may  be  recovered  for,  though  the  fright 

was  caused  by  a  splash  in  the  stream  at  the  bottom  of  the 
bank.i3 


5  Habecker  vs.  Lancaster  Twp.,  9  Pa.  Sup.  553. 

6  Bailey  vs.  Brown  Twp.,  190  Pa.  530. 

7  Chartiers  Twp.  vs.  Phillips,  122  Pa.  601. 

8  Bishop  vs.  Schuylkill  Twp.,  20  W.  N.  C.  105;  Dixon  vs.  Butler  Twp, 
4  Pa.  Sup.  333. 

9  West  Mahanoy  Twp.  vs.  Watson,  116  Pa.  344;  West  Mahanoy  Twp. 
vs.  Watson,  112  Pa.  574. 

10  Yoders  vs.  Amwell  Twp.,  172  Pa.  447;  Boone  vs.  East  Norwegian 
Twp.,  192  Pa.  206. 

11  Worrilow  vs.  Upper  Chichester  Twp.,  149  Pa.  40;  Heister  vs.  Fawn 
Twp.,  189  Pa.  253 ;  Schaeffer  vs.  Jackson  Twp.,  150  Pa.  145. 

12  Cage  vs.  Franklin  Twp.,  11  Pa.  Sup.  533. 

13  Closser  vs.  Washington  Twp.,  11   Pa.   Sup.   112. 


NEGLIGENCE.  265 

Contributory  Negligence. 

255.  It  is  a  general  principle  that  there  can  be  no  recovery  of 
damages  by  one  who  has  suffered  a  hurt  from  negligence  of  an- 
other, whether  it  be  an  individual  or  a  corporation,  a  munici- 
pality or  municipal  corporation,  if  the  plaintiff  has  by  his  own 
negligence  contributed  to  the  hurt ;  that  is,  if  the  hurt  would  not 
have  occurred,  although  the  defendant  was  negligent,  but  for 
the  concurrent  negligence  of  the  plaintiff.^*  And  this  con- 
tributory negligence  relieves  from  liability  though  the  de- 
fendant was  also  negligent.^^  It  is  not  the  degree  of  negli- 
gence, but  its  presence,  which  cuts  off  the  right  to  recover.^® 
The  plaintiff  is  not  required  to  disprove  contributory  negli- 
gence, but  only  to  make  out  a  case  clear  of  it.  Unless  there- 
fore his  negligence  appear  affirmatively,  he  is  entitled  to  go  to 
the  jury  on  the  general  presumption  against  it.^'^  Where  the 
facts  are  uncontested,  or  the  inference  of  negligence  is  the  only 
one  which  can  be  drawn,  the  court  must  pronounce  the  result  as 
a  matter  of  law.  But  where  the  facts  are  in  dispute,  or  the  in- 
ferences to  be  drawn  from  them  are  open  to  debate,  the  ques- 
tion is  for  the  jury.^^  And  in  considering  the  question  the 
plaintiff  is  entitled  to  every  right  inference  of  fact  that  the 
jury  might  draw  from  the  evidence,  and  every  relevant  fact 
which  the  testimony  tends  to  establish  is  to  be  treated  as  ad- 
mitted by  the  defendant  in  determining  whether  a  compulsory 
non-suit  should  be  entered.  If  the  plaintiff's  testimony  tends  to 
make  out  a  prima  facie  case,  it  is  error  to  enter  such  judg- 
ment.^® 


14  Brendlinger  vs.  Twp.  of  New  Hanover,  148  Pa.  93 ;  Fry  vs.  Perkio- 
men  Twp.,  i  Montg.  31. 

15  Chartiers  Twp.  vs.  Phillips,  122  Pa.  601. 

16  Walters  vs.  Wayne  Twp.,  16  Pa.  C.  C.  613. 

17  Allen  vs.  Warwick  Twp.,  9  Pa.  Sup.  507 ;  Worrilow  vs.  Upper  Chi- 
chester Twp.,  149  Pa.  40. 

18  Allen   vs.   Warwick   Twp.,   9    Pa.    Sup.   507;    Mechesney   vs.   Unity 
Twp.,  164  Pa.  358;  Hill  vs.  Tionesta  Twp.,  146  Pa.  11. 

19  Corbalis  vs.  Twp.  of  Newberry,  132  Pa   0 


266  LAW   OF  TOWNSHIPS   IN   PENNSYLVANIA. 

Contributoiy  Negligence,   Continued. 

256.  It  is  not  contributory  negligence  to  use  upon  the  high- 
ways skittish  horses.^^  But  there  is  no  duty  on  the  part  of  the 
township  to  provide  for  vicious  or  untrained  animals,  and  it  is 
contributory  negligence  to  use  such.-^  If  the  danger  was 
known  by  the  plaintiff,  and  was  voluntarily  tested  by  him,  no 
recovery  can  be  had.^^  But  mere  knowledge  of  the  defect  will 
not  necessarily  defeat  a  recovery  where  the  plaintiff  took 
proper  care  and  used  due  caution.^^  If  the  plaintiff  could  have 
traveled  by  a  safer  road  and  voluntarily  chose  the  more  dan- 
gerous, he  is  guilty  of  contributory  negligence.^*  But  if  the 
evidence  is  conflicting  as  to  which  of  the  highways  is  safer, 
the  question  is  for  the  jury.^^  So  the  plaintiff  cannot  re- 
cover, if  he  could  have  avoided  the  danger  by  passing  on  the 
opposite  side  of  the  road.^'^  But  even  in  such  case,  the  ques- 
tion is  for  the  jury,  where  the  plaintiff  uses  due  caution  in 
passing  the  obstruction.^"^  So  if  the  road  is  known  to  be  dan- 
gerous, and  that  danger  is  voluntarily  tested,  no  recovery  can 
be  had.^^  But  the  knowledge  of  the  husband  cannot  be  imputed 
to  his  wife.^^  Though  the  defect  was  known,  the  township  is 
liable,  unless  the  danger  of  passing  was  so  apparent,  that  in 
the  use  of  ordinary  care  it  ought  not  to  have  been  undertaken.^^ 

20  Lower  Macungie  Twp.  vs.  Merkhoffer,  71  Pa.  276;  Dixon  vs.  Butler 
Twp.,  4  Pa.  Sup.  333. 

21  Trexler  vs.  Greenwich  Twp.,   168  Pa.  214;   Bitting  vs.  Maxatawny 
Twp.,  177  Pa.  213. 

22  Winner  vs.  Oakland  Twp.,  158  Pa.  405. 

23  Millcreek  Twp.  vs.   Perry,   20  W.   N.   C.   359;   Wilson  vs.   O'Hara 
Twp.,   14  Pa.  Sup.  258. 

24  Forks  Twp.  vs.  King,  84  Pa.  230;  Hill  vs.  Tionesta  Twp.,  146  Pa.  li ; 
Glaub  vs.  Goshen  Twp.,  7  Kulp  292. 

25  Ide  vs.  Lake  Twp.,  191  Pa.  182;  Mechesney  vs.  Unity  Twp.,  164  Pa. 
358. 

26  Brendlinger  vs.  New  Hanover  Twp.,  148  Pa.  93. 

27  Wright  vs.  Lehman  Twp.,  19  Pa.  Sup.  653. 

28  Winner  vs.  Oakland  Twp.,  158  Pa.  405 ;  Walters  vs.  Wayne  Twp., 
16  Pa.  C.  C.  613 ;  Snyder  vs.  Penn  Twp.,  14  Pa.  Sup.  145. 

29  Allen  vs.  Warwick  Twp.,  9  Pa.  Sup.  507. 

30  Stokes  vs.  Ralpho  Twp.,  187  Pa.  333. 


NEGLIGENCE,  267 

If  the  general  public  continues  to  use  the  road  or  bridge,  though 
known  to  be  unsafe,  and  reasonable  care  is  exercised,  no  dis- 
tinct notice  not  to  use  the  same  having  been  given,  the  munici- 
pality is  liable.^^  It  is  for  the  jury  to  say  whether  the  use  of  a 
blind  horse,  which  drew  the  carriage  against  a  tree,  is  con- 
tributory negligence.^^  Or  whether  it  is  such  to  walk  upon  the 
highway  without  a  light.^^  Or  to  drive  upon  the  highway  with- 
out a  light.^^  Or  whether  proper  care  was  used  in  approaching 
another  team  which  the  plaintiff  saw.^°  Or  in  using  a  steam  en- 
gine upon  a  bridge. ^^  Or  in  driving  a  traction  engine  across  a 
bridge.^^  Or  whether  the  driving  in  broad  daylight  over  a 
bank  is  such.^^  Or  the  driving  a  blind  horse  across 
a  bridge,  in  the  floor  of  which  was  a  hole.^^  Or 
whether  proper  caution  was  taken  in  passing  a  bridge 
in  which  there  was  a  hole,  which  the  plaintiff  had  no- 
ticed upon  a  previous  trip  had  been  covered  by  a  board.*"  Or 
whether  due  caution  was  used  in  crossing  the  plank,  covering  a 
culvert,  with  which  the  plaintiff  was  familiar.*^ 

It  is  contributory  negligence  to  gallop  a  horse  across  a 
bridge.'*^  So  it  is  contributory  negligence  to  drive  off  the 
road  upon  an  intervening  space,  between  it  and  a  railroad,  in 
which  there  is  a  pit.*^    Or  to  walk  upon  the  side  rather  than 

31  Sheridan  vs.  Palmyra  Twp.,  180  Pa.  439;  Humphreys  vs.  Armstrong 
Co.,  56  Pa.  204. 

32  Long  vs.  Milford  Twp.,  137  Pa.  122. 

33  Hogan  vs.  West  Mahanoy  Twp.,  174  Pa.  352. 

34  Conrad  vs.  Upper  Augusta  Twp.,  200  Pa.  337;  Bitting  vs.  Maxataw- 
ny  Twp.,  180  Pa.  357. 

35  Perry  Twp.  vs.  John,  79  Pa.  412. 

36  McCormick  vs.  Washington  Twp.,  112  Pa.  185;  Whitmire  vs.  Muncy 
Creek  Twp.,  17  Pa.  Sup.  399 ;  Smith  vs.  Muncy  Creek  Twp.,  206  Pa.  7. 

37  Coulter  vs.  Pine  Twp.,  164  Pa.  543. 

38  Hitchcock  vs.  Amity  Twp.,  200  Pa.  247. 

39  Heisey  vs.  Rapho  Twp.,  181  Pa.  561. 

40  Smith  vs.  Jackson  Twp.,  20  Pa.  Sup.  337. 

41  Kingston  Twp.  vs.  Gibbons,  18  W.  N.  C,  334,  s.  c.  6  Atl.  115. 

42  Zimmerman  vs.  Conemaugh  Twp.,  5  Atl.  45,  s.  c.  2  Cent.  361 ;  Mc- 
Cormick vs.  Washington  Twp.,  112  Pa.  185. 

43  Ammerman  vs.  Coal  Twp.,  187  Pa.  326. 


268  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

the  middle  of  the  road.^'*  Or  to  permit  a  bicycle  to  strike  the 
guard  log-  of  a  bridge  upon  which  there  is  no  guard  rail.^^  Or 
to  allow  the  horse  to  travel  at  will.*^ 

To  ride  on  the  top  of  milk  cans  is  not  negligence  per  se,  but 
greater  caution  must  be  taken,  and  the  question  is  for  the  jury 
to  pass  upon.^''  Or  to  drive  on  a  road  known  to  be  unguarded.^^ 
It  may  be  contributory  negligence  on  the  part  of  the  plaintiff  to 
travel  at  night,  when  he  knows  of  the  great  danger  and  the 
trip  could  have  been  made  as  well  upon  the  following  day.^® 
But  it  is  error  for  the  court  to  suggest  to  the  jury  that  the 
plaintiff  might  have  been  guilty  of  contributory  negligence  in 
joining  a  sleighing  party  upon  the  night  in  question.^^  Where 
the  plaintiff  has  been  placed  in  a  sudden  danger  by  the  act  of 
another,  he  is  not  to  be  held  responsible  for  an  error  of  judg- 
ment in  attempting  to  extricate  himself.  Whether  he  acted  as 
would  a  reasonably  prudent  man,  is  for  the  jury.^^ 

Imputation  of  Contributory  Negligence. 

257.  When  the  plaintiff  sues  for  an  injury  to  another  hold- 
ing some  special  relation  to  him,  such  as  wife  or  child,  the 
negligence  of  the  person  injured,  if  it  contfibuted  to  the  hurt 
will  prevent  recovery.  Thus  the  negligence  of  a  husband  killed 
by  an  accident  will  prevent  the  wife  recovering.^^  So  if  the 
vehicle  was  driven  by  an  agent,  who  is  guilty  of  contributory 
negligence,  no  recovery  can  be  had.^^  Or  by  one  to  whom  the 
horse  has  been  lent.^^     But  the  knowledge  of  a  defect  by  a 

44  Siegler  vs.  Mellinger,  203  Pa.  256. 

45  Beer  vs.  Clarion  Twp.,  17  Pa.  Sup.  537. 

46  Mueller  vs.  Ross  Twp.,  152  Pa.  399;  Hartman  vs.  Hellam  Twp.,  4 
York  23. 

47  Smith  vs.  Jackson  Twp.,  20  Pa.  Sup.  337. 

48  Wilson  vs.  O'Hara  Twp.,  14  Pa.  Sup.  258. 

49  Bailey  vs.  Brown  Twp.,  190  Pa.  530. 

50  Templeton  vs.  Warriorsmark  Twp.,  200  Pa.  165. 

51  Sprowls  vs.  Morris  Twp.,  179  Pa.  219. 

52  Lancaster  vs.  Kissinger,  11  W.  N.  C.  151. 

53  Brendlinger  vs.  New  Hanover  Twp.,  148  Pa.  93. 

54  Forks  Twp.  vs.  King,  84  Pa.  230. 


NEGLIGENCE.  269 

husband  is  not  imputed  to  the  wife  so  as  to  charge  her  with 
11.°^  One  driving  with  another  is  not  precluded  from  recover- 
ing because  of  the  contributory  neghgence  of  his  companion.^''' 
But  if  the  plaintiff  knew  of  the  danger,  and  nevertheless  per- 
sisted in  testing  it,  such  negligence  will  be  imputed.^^ 

Jurisdiction  of  Actions  for  Negligence. 

258.  Prior  to  the  Act  of  1887  it  was  proper  to  maintain  ac- 
tion on  the  case  to  recover  damages  for  the  injury  sustained 
by  reason  of  the  negligence  of  the  supervisors.^^  Now  the  ac- 
tion of  trespass  will  be  proper.  A  justice  of  the  peace  has  no 
jurisdiction  in  an  action  to  recover  for  the  negligence  of  the 
officers  in  failing  to  keep  a  highway  in  repair,  and  this  defect 
may  be  taken  advantage  of  in  the  appellate  court  after  the  trial 
of  an  appeal  in  the  court  of  common  pleas,  where  the  question 
of  jurisdiction  was  not  raised.^® 

Parties  to  Actions, 

259.  The  owner  of  the  property  injured  by  the  negligence 
of  the  township  can  maintain  an  action  against  it.  If  the 
injuries  are  of  the  person  and  not  of  property,  he  who  suffers 
those  injuries  has  the  right  of  action.  In  such  cases  it  is 
not  necessary  that  a  demand  be  first  made  upon  the  township.^" 
The  action  may  be  brought  by  the  widow  of  the  individual 
killed.®^  Or  an  action  may  be  maintained  in  the  name  of  the 
husband  for  the  use  of  his  wife,  where  the  injury  was  to  her.^^ 
Or  the  suit  may  be  instituted  by  minor  children  through  their 

55  Allen  vs.  Warwick  Twp.,  9  Pa.  Sup.  507. 

56  Finnegan  vs.  Foster  Twp.,  163  Pa.  135. 

57  Crescent  Twp.  vs.  Anderson,  114  Pa.  643;  Winner  vs.  Oakland,  158 
Pa.  405. 

58  Dean  vs.  New  Milford  Twp.,  5  W.  &  S.  545. 

59  Hill  vs.  Tionesta  Twp.,  129  Pa.  525. 

60  Rockefeller  Twp.  vs.  Rhodes,  4  Walker  410. 

61  Worley  vs.  Dover  Twp.,  7  York  160;  Ammerman  vs.  Coal  Twp., 
187  Pa.  326. 

62  Burrell  Twp.  vs.  Uncapher,  117  Pa.  353 ;  Kelly  vs.  Mayberry  Twp., 
154  Pa.  440. 


270  LAW   OF  TOWNSHIPS   IN   PENNSYLVANIA. 

guardian.*^  The  action  may  be  brought  against  the  township, 
or  if  the  obligation  does  not  rest  upon  it  but  upon  the  county, 
then  the  latter  is  the  proper  defendant.^^  The  supervisors  are 
individually  responsible,  but  this  fact  does  not  relieve  the  town- 
ship from  liability.^^  The  township  may  in  any  case  secure 
indemnity  from  the  third  party  causing  the  injury.*'^  A  joint 
action  against  the  township  and  a  street  railway  company  to  re- 
cover damages  for  personal  injuries  resulting  from  the  bad 
condition  of  the  road  and  the  tracks,  cannot  be  maintained  where 
it  does  not  appear  that  there  was  any  concert  of  action  between 
the  two  defendants.  In  such  case  the  proceeding  will  be  re- 
versed with  a  venire,  so  that  the  plaintiff  may  elect  whom  to 
follow.^^ 

Damages. 

260.  In  estimating  the  damages  it  is  proper  to  allow  for  the 
direct  expenses  incurred  by  the  plaintiff  by  reason  of  the  in- 
jury, for  the  privation  and  inconvenience  he  is  subjected  to, 
for  the  pain  and  suffering  he  has  already  endured  bodily  and 
mentally,  and  which  he  is  likely  to  experience,  as  well  as  the 
pecuniary  loss  he  has  sustained  and  is  likely  to  sustain  during 
the  remainder  of  his  life  from  his  disabled  condition.®^  The 
plaintiff  is  also  entitled  to  recover  for  the  injury  to  his  per- 
sonal property,  such  as  his  horse  and  wagon.^^  In  an  action  by 
the  husband  for  injury  to  his  wife,  he  is  entitled  to  recover 
money  expended,  or  which  he  has  become  liable  to  pay,  for  the 
medical  care  and  attention  bestowed  upon  his  wife  during  her 
illness,  and  for  the  loss  of  her  services  while  unable  to  attend  to 


63  Bailey  vs.  Brown  Twp.,  190  Pa.  530. 

64  Francis  vs.  Franklin  Twp.,  179  Pa.  195. 

65  Rockefeller  Twp.  vs.  Rhodes,  4  Walker  410;  North  Manheim  Tvrp. 
vs.  Arnold,  119  Pa.  380. 

66  Aston  Twp.  vs.  Chester  Creek  R.  R.  Co.,  2  Del.  Co.  9. 

67  Goodman  vs.  Coal  Twp.,  206  Pa.  621. 

68  Scott  Twp.  vs.  Montgomery,  95  Pa.  444, 

69  Glaub  vs.  Goshen  Twp.,  7  Kulp  292. 


NEGLIGENCE.  2/1 

her  domestic  duties.  And  in  such  case  the  term  services  implies 
whatever  of  aid,  assistance,  comfort  and  society  the  wife  would 
be  expected  to  render  to  or  bestow  upon  her  husband  under  the 
circumstances  and  in  the  condition  in  which  they  may  be  placed, 
and  it  is  immaterial  that  services  in  the  ordinary  sense  were 
not  rendered  at  a.W^  Where  death  has  resulted,  and  insurance 
has  been  paid  upon  the  life  of  the  deceased,  no  right  exists  on 
the  part  of  the  township  to  set  off  this  sum.'^^  But  in  order  to 
prove  the  value  of  the  decedent's  life  to  his  family,  it  is  proper 
for  the  jury  to  consider  the  probable  care  which  he  would  have 
taken  for  its  preservation,  and  may  offer  his  declaration  to 
show  that  he  was  tired  of  life,  and  that  he  had  been  a  failure  as 
well  as  his  family.'^^ 

Where  a  verdict  has  been  rendered  it  will  not  be  set  aside 
because  all  of  the  elements  of  damages  were  not  mentioned  to 
the  jury  by  the  court,  where  no  request  had  been  made  by  him 
for  such  instructions.*^^  And  if  the  charge  as  to  the  measure 
of  damages  has  been  proper  the  appellate  court  will  not  reverse 
because  of  failure  to  exclude  certain  evidence,  which  could  not 
have  injured  the  defendant.^*  If  the  verdict  rendered  by  the 
jury  is  excessive,  a  new  trial  may  be  granted,  or  ordered,  unless 
there  shall  be  a  remission  of  the  claim  to  such  sum  as  the  court 
believes  proper.*^  ^ 

Functions  of  Court  and  Jury. 

261.  Where  the  facts  are  undisputed,  and  the  inferences  to 
be  drawn  are  uncontested,  the  court  must  determine  as  a  mat- 
ter of  law  whether  or  not  a  recovery  can  be  had.'^^  But  the 
extent  of  the  injury  and  the  negligence  of  the  defendant  is  a 

70  Platz  vs.  McKean  Twp.,  178  Pa.  601;  Kelley  vs.  Mayberry  Twp.,  154 
Pa.  440. 

71  Coulter  vs.  Pine  Twp.,  164  Pa.  543. 

72  Disbrow  vs.  Ulster  Twp.,  8  Atl.  912. 

73  Menges  vs.  Muncy  Creek  Twp.,  i  Penny.  179. 

74  Qosser  vs.  Washington  Twp.,  11   Pa.  Sup.   112. 

75  Gibbons  vs.  Kingston  Twp.,  10  Kulp  25. 

76  Allen  vs.  Twp.  of  Warwick,  9  Pa.  Sup.  507. 


2^2  LAW   OF  TOWNSHIPS  IN   PENNSYLVANIA. 

question  for  the  jury.'^'''  Where  the  evidence  of  the  plaintiff 
shows  that  there  is  no  negHgence,  or  that  he  was  guilty  of 
contributory  negligence,  it  is  proper  for  the  court  to  enter  a 
compulsory  non-suit;  or  binding  instructions  may  be  given, 
where  the  facts  are  uncontested,  as  well  as  the  inference  to  be 
drawn. "^^  But  where  this  is  not  so,  the  question  is  for  the  juryJ^ 

'jy  Smith  vs.  Muncy  Creek  Twp.,  206  Pa.  7. 

78  Bailey  vs.  Brown  Twp.,  190  Pa.  530 ;  Hill  vs.  Tionesta  Twp.,  146  Pa. 
II. 

79  Hedricks  vs.  Schuylkill  Twp.,  16  Pa.  Sup.  508 ;  Dalton  vs.  Upper  Ty- 
rone Twp.,  137  Pa.  18 ;  Corbalis  vs.  Newberry  Twp.,  132  Pa.  9. 


CHAPTER  XXVII. 


ACT  OF  1903   CREATING  THE  STATE  HIGHWAY  DEPARTMENT. 


262.  State    Highway    Department. 

Commissioner.  Assistant 
Commissioner. 

263.  Offices.     Records  of  Depart- 

ment. Report  to  the  Gov- 
ernor. 

264.  Petition  of  County  Commis- 

sioners. Plans,  etc.  Exam- 
ination. Commissioner  to 
Prepare  Plans,  etc.  Report 
to  County  Commissioners 
and  to  Supervisors.  Con- 
tract with  County  and 
Township.  Aooortionment 
of  Cost.  Proviso.  Appor- 
tionment of  State  Aid.  Pro- 
viso. Roads  Constructed 
Under  Provisions  of  Act  of 
June  26,  1895.  Proviso.  If 
Appropriation  is  not  Ap- 
plied for  Within  Two 
Years.  Proviso.  Apportion- 
ment of  a  Larger  Sum.  Pro- 
viso. Agreement  Between 
County  and  Townships. 
Proviso.  Sworn  Statement 
of  Miles  of  Road. 

265.  Highways   Shall   Conform  to 

Standard.  Minimum  Length 
and  Width  of  Improved 
Section.  General  System 
of  Highway  Improvement. 

266.  All  Work  Shall  be  Done  by 

Contract.  Bids  and  Option. 
Contractor's  Bond. 

267.  Townships  May  Bid  and  Con- 

tract. 

268.  Apportionment  of  Total   Ex- 

pense. Commissioner  to  Cer- 


tify to  Total  Expense  to 
County  Commissioners,  etc. 

269.  Payment  of  the  State's  Share. 

Payment  of  the  County's 
Share.  Payment  of  the 
Township's  Share.  Partial 
Payments  to  Contractor. 
Proviso.    Cash  Road  Tax. 

270.  Contracts  to  Be  Made  in  the 

Name  of  the  Common- 
wealth. To  Be  Approved  by 
the  Attorney  General.  Writ- 
ten Agreement  of  County 
and  Township  Officers  to  be 
Filed. 

271.  Petition    of    Township    Offi- 

cers. Resolution  of  County 
Commissioners.  Map,  plan, 
etc.     Proviso. 

272.  Petition.   Resolution.     Town- 

ship May  Incur  Indebted- 
ness or  Issue  Bonds.  Peti- 
tion of  Owners  of  Real  Es- 
tate, Protesting  Against  Ex- 
penditure. Petition  ol  Own- 
ers of  Real  Estate,  Favor- 
ing Improvement. 

273.  In  Case  County  Commission- 

ers Neglect  or  Refuse  to 
Act  Upon  Township's  Peti- 
tion. Township  May  Peti- 
tion Court.  Report  of  Jury 
of  View.  Order  of  Court. 
Appointment  of  and  Com- 
pensation of  Jury  of  View. 

274.  Joint  Petition  of  Townships. 

275.  Advertisements    for    Propos- 

als. 


274 


LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 


277- 


278. 


276.  Maintenance  of  Highways. 
Apportionment  of  Mainten- 
ance Fund. 

State  Aid  for  Maintenance. 
Sworn  Petition.  Apportion- 
ment to  Township.  Limited 
to  One-half  of  Annual  Cost. 

"State  Highways."  Duty  of 
Supervisors,  etc. 

279.  "Highway"  Construed. 

280.  When  Portion  of  Highway  is 

Within  a  Borough.  Agree- 
ment with  Borough.  State 
May  Bear  a  Portion  of  Ex- 
pense. Limit  of.  Borough 
Highways.  Plans  and  Speci- 
fications. Approval  of  Work. 
Duty  of  Borough  Ofificers. 


281.  Commonwealth    Not     to    Be 

Liable  for  Damages.  Dam- 
ages. Petition.  Viewers. 
Proceedings. 

282.  Highway   Plan  of  the  State, 

etc.  Duties  of  the  Commis- 
sioner. He  May  Be  Con- 
sulted by  Officers.  Promo- 
tion of  Improvement. 

283.  Duty   of  County,   City,   Bor- 

ough and  Township  Officers. 

284.  Construction     of      Improved 

Highways.  Selction  of  Ma- 
terial for  Road. 

285.  $6,500,000  Appropriated  When 

Available. 

286.  Repeal.    Proviso. 


Providing  for  the  establishment  of  a  State  Highway  Department,  by  the 
appointment  of  a  State  Highway  Commissioner  and  staff  of  assistants, 
and  defining  the  powers  and  duties  thereof;  authorizing  the  State  High- 
way Department  to  Co-operate  with  the  several  counties  and  townships, 
and  with  boroughs  in  certain  instances,  in  the  improvement  of  the  public 
highways  and  the  maintenance  of  improved  highways;  providing  for  the 
application  of  counties  and  townships  for  State  aid  in  highway  improve- 
ment and  maintenance ;  providing  for  the  payment  of  the  cost  of  highway 
improvements,  made  under  the  provisions  of  this  act,  by  the  State,  the 
counties,  and  the  townships,  and  making  an  appropriation  for  this  pur- 
pose. 


262.     State  Highway  Department.     Commissioner.     Assistant  Com- 
missioner. 

Section  i.  Be  it  enacted,  &c.,  That  immediately  upon  the 
approval  of  this  act,  a  State  Highway  Department  shall  be  es- 
tablished by  the  appointment,  by  the  Governor  of  the  Common- 
wealth, with  the  advice  and  consent  of  the  Senate,  for  a  term 
of  four  years,  of  a  State  Highway  Commissioner,  who  shall 
be  a  competent  civil  engineer,  and  experienced  in  the  construc- 
tion and  maintenance  of  improved  roads.  Said  State  Highway 
Commissioner  shall  receive  a  salary  of  three  thousand  five  hun- 
dred dollars  per  annum,  and  shall  be  allowed  his  actual  travel- 
ing expenses,  not  exceeding  five  hundred  dollars,  while  offici- 


ACT  CREATING  STATE  HIGHWAY  DEPARTMENT.  275 

ally  employed.  He  shall  furnish  a  bond  in  the  sum  of  twenty- 
five  thousand  dollars  for  the  faithful  performance  of  his  duty, 
said  bond  to  be  approved  by  the  Governor,  and  he  shall  give  his 
whole  time  and  attention  to  the  duties  of  his  position.  The 
said  State  Highway  Commissioner  may  appoint,  as  the  work  of 
the  department  requires  it,  and  subject  to  the  approval  of  the 
Governor,  one  assistant,  who  shall  be  a  capable  and  competent 
civil  engineer,  and  experienced  in  road  building,  who  shall  re- 
ceive an  annual  salary  of  two  thousand  dollars,  and  shall  be  al- 
lowed his  actual  travelling  expense,  not  to  exceed  five  hundred 
dollars,  when  on  official  business;  and  he  shall  also  appoint  a 
chief  clerk,  at  an  annual  salary  of  fifteen  hundred  dollars  per 
annum,  and  may  employ  an  additional  clerk  who  shall  be  a 
competent  stenographer,  at  an  expense  not  to  exceed  one  thou- 
sand dollars  per  annum.  The  State  Highway  Commissioner 
may  require  the  employes  of  the  Department  to  give  bond  for 
the  faithful  performance  of  their  duty,  in  suitable  and  reason- 
able amounts. 

263.    Offices.    Records  of  Department.    Report  to  the  Governor. 

Section  2.  The  State  Highway  Department  shall  be  provided 
with  suitable  rooms  in  the  State  buildings  at  Harrisburg,  and 
its  offices  shall  be  open  at  all  reasonable  times  for  the  transac- 
tion of  public  business.  The  State  Highway  Commissioner 
shall  carry  into  effect  the  provisions  of  this  act  and  all  acts  of 
Assembl"  providing  for  the  co-operation  of  the  State  in  the 
constrrj!5;son  and  maintenance  of  public  highways.  He  shall 
have  charge  of  the  records  of  the  State  Highway  Depart- 
ment ;  and  shall  each  year  submit  to  the  Governor  of  the  Com- 
monwealth a  full  report  of  the  operations  of  the  Department, 
the  number  of  miles,  cost  and  character  of  the  roads  built  under 
its  direction,  detailed  statements  of  the  expenses  of  the  Depart- 
ment, and  such  other  information  concerning  the  condition  of 
the  public  roads  of  the  State  and  the  progress  of  their  improve- 
ment as  may  be  proper. 
18 


2/6  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

264.  Petition  of  County  Commissioners.  Plans,  etc.  Examination. 
Commissioner  to  Prepare  Plans,  etc.  Report  to  County  Com- 
missioners and  to  Supervisors.  Contract  witli  County  and 
Township.  Apportionment  of  Cost.  Proviso.  Apportion- 
ment of  State  Aid.  Proviso.  Roads  Constructed  Under  Pro- 
visions of  Act  of  June  26,  1895.  Proviso.  If  Appropriation 
is  not  Applied  for  Within  Two  Years.  Proviso.  Apportion- 
ment of  a  Larger  Sum.  Proviso.  Agreement  Between  County 
and  Townships.    Proviso.    Sworn  Statement  of  IVEiles  of  Road. 

Section  3.  Whenever  the  county  commissioners  of  any 
county  shall  represent  by  petition  to  said  State  Highway  De- 
partment that  any  principal  highway  in  said  county,  outside  of 
the  corporate  limits  of  any  city  or  borough,  is  not  in  a  satisfac- 
tory condition  for  comfortable  or  economical  travel,  and  ought 
to  be  reconstructed  under  the  provisions  of  this  act,  and  shall 
furnish  to  the  said  Department  an  accurate  plan  of  the  layout, 
lines,  profile  and  established  grade  of  such  highway,  it  shall 
be  the  duty  of  the  State  Highway  Commissioner  to  examine 
such  highway,  or  instruct  one  of  his  assistants  so  to  do;  and  if 
in  the  judgment  of  the  State  Highway  Commissioner  said  rep- 
resentation is  well  founded,  he  shall  determine  what  changes 
should  be  made  in  said  existing  highway,  what  portion  of  it 
should  be  improved  and  in  what  manner,  and  shall  prepare  ac- 
curate plans  and  make  careful  detailed  estimates  of  the  expense 
of  the  work  which,  in  his  opinion,  should  be  done,  and  report 
the  same  to  the  county  commissioners  of  the  county  and  the 
supervisors  or  commissioners  of  the  township  or  townships  in 
which  the  said  highway  may  lie.  If  the  said  county  commis- 
sioners and  township  supervisors  or  commissioners  then  decide 
that  it  is  advisable  to  go  on  with  the  work  as  hereinafter  pro- 
vided, and  make  the  required  agreements  as  hereinafter  speci- 
fied, the  State  Highway  Department  may,  if  the  funds  at  its 
disposal  permit  of  so  doing,  contract  jointly  with  the  county 
?nd  township,  or  townships,  in  which  said  highway  lies,  to 
larry  out  the  recon'tnendations  of  the  State  Highway  Commis- 
sioner; the  cost  '/  the  same,  including  all  the  necc^ssary  sur- 
veys, grading,  material,  construction,  re-location,  changes  of 
grade,  and  expenses  in  connection  with  the  improvement  of 


ACT  CREATING  STATE  HIGHWAY  DEPARTMENT.  2/7 

said  highway,  to  be  borne  in  sixty-six  and  two-thirds  per 
centum  by  the  State,  sixteen  and  two-thirds  per  centum  by  the 
county,  and  sixteen  and  two-thirds  per  centum  by  the  town- 
ship or  townships  in  which  the  portions  of  said  highway,  im- 
proved as  herein  provided,  may  He :  Provided,  That  the  State 
aid  shall  be  apportioned  among  the  several  counties  of  the 
Commonwealth  according  to  the  mileage  of  township  or 
county  roads  in  each  county,  but  the  said  amount  shall  remain 
in  the  State  Treasury  until  applied  for  under  the  provisions  of 
this  act :  And  provided,  That  any  county  constructing  county 
roads  under  the  provisions  of  the  Act  of  June  twenty-sixth, 
one  thousand  eight  hundred  and  ninety-five  (Pamphlet  law, 
three  hundred  and  thirty-six),  and  supplements  and  amend- 
ments thereto,  shall  be  entitled  to  receive  the  same  amount  of 
State  aid  as  if  said  roads  were  constructed  under  the  provisions 
of  this  act :  And  provided  further,  That  if  the  appropriation, 
so  apportioned  by  the  State,  shall  not  be  so  applied  for  a  period 
of  two  years  after  it  has  become  available,  the  amount  so  ap- 
portioned and  set  aside  for  that  county  shall  be  returned  to  the 
State  Treasury,  and  added  to  the  appropriation  for  the  current 
year,  and  distributed  anew  under  the  provisions  of  this  act : 
And  provided  further.  That  nothing  herein  contained  shall 
prevent  any  county  and  townships  from  agreeing  to  appro- 
priate a  larger  amount  for  such  road  improvement  than  the 
amounts  specified  in  this  act :  And  provided,  That  counties  and 
townships  may  agree  among  themselves  to  contribute  their 
combined  proportion  of  the  thirty-three  and  one-third  per 
centum  of  the  total  expense  of  construction,  herein  provided  to 
be  borne  by  them  in  different  proportions  from  that  herein- 
above specified;  but  in  no  case  shall  any  township  or  county 
pay  less  than  five  per  centum  of  the  entire  expense  of  such  im- 
provements :  Provided,  That  the  county  commissioners  shall 
furnish,  under  oath,  to  the  State  Highway  Commissioner  the 
total  number  of  miles  of  township  or  county  public  roads,  by 
townships,  to  the  State  Highway  Commissioner. 


278  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA, 

265.  High.ways  Shall  Conform  to  Standard.    Minimum  Length  and 

Width  of  Improved  Section.     General  System  of  Highway 
Improvement. 

Section  4.  All  highways  improved  under  the  provisions  of 
this  act  shall  conform  to  the  standard  of  construction  estab- 
lished by  the  State  Highway  Department,  as  best  adapted  to 
the  locality  in  which  they  may  be  located,  with  due  regard  to 
the  topography  and  natural  conditions  and  the  availability  of 
road-building  materials,  and  shall  be  constructed  according  to 
the  best  engineering  practice.  No  section  of  highway  im- 
proved under  this  act  shall  be  less  than  one-fourth  mile  in 
length,  nor  shall  the  improved  portion  thereof  be  less  than 
twelve  feet  in  width.  So  far  as  is  consistent  with  the  just  and 
equitable  administration  of  this  act,  the  State  Highway  De- 
partment shall  encourage  a  general  system  of  highway  im- 
provement. 

266.  All  Work  Shall  Be  Done  by  Contract.    Bids  and  Option.    Con- 

tractor's Bond. 

Section  5.  All  work  done  under  the  provisions  of  this  act 
shall  be  by  contract,  according  to  plans  and  specifications  to  be 
prepared  by  the  State  Highway  Commissioner  and  approved 
by  the  county  commissioners  of  the  county  and  the  supervisors 
or  commissioners  of  the  township  or  townships,  as  hereinbe- 
fore provided ;  and  in  awarding  said  contracts  the  work  shall 
be  given  to  the  lowest  and  best  bidder,  with  the  option  upon  the 
part  of  the  State  Highway  Commissioner,  the  county  commis- 
sioners, or  the  township  supervisors  or  commissioners,  to  reject 
any  or  all  bids  if  they  consider  the  same  unreasonable,  or  if 
the  prices  named  are  materially  higher  than  the  estimated  cost 
of  the  work  as  provided  for.  Every  person,  firm  or  corpora- 
tion, before  being  awarded  any  contract  for  the  construction 
or  improvement  of  any  highway  under  the  provisions  of  this 
act,  shall  furnish  a  bond,  acceptable  to  the  State  Highway 
Commissioner,  in  a  sum  equal  to  the  contract  price  of  the  work, 
conditioned  upon  the  satisfactory  completion  of  the  same  and 
to  save  harmless  the  State,  county  and  the  township  or  town- 


ACT  CREATING  STATE  HIGHWAY  DEPARTMENT.  279 

ships,  in  which  the  work  may  lie,  from  any  expense  incurred 
through  the  failure  of  said  contractor  to  complete  the  work  as 
specified,  or  for  any  damages  growing  out  of  the  carelessness 
of  said  contractor  or  his  or  its  servants. 

267.  Townships  May  Bid  and  CJontract. 

Section  6.  Any  township  may,  through  its  supervisors  or 
commissioners,  be  authorized  to  bid  for  the  construction  of 
such  portion  of  any  highway  improvement,  undertaken  under 
the  provisions  of  this  act,  as  may  lie  within  its  limits ;  and  any 
township  submitting  such  bid  shall  have  the  same  considera- 
tion as  other  bidders,  and,  if  awarded  the  contract,  shall  fulfill 
the  same  and  be  subject  to  the  same  regulations  as  are  laid 
down  for  other  bidders. 

268.  Apportionment  of  Total  Expense.     Commissioner  to  Certify  to 

Total  Expense  to  County  Commissioners,  etc. 

Section  7.  Upon  the  completion  of  any  highway,  rebuilt  or 
improved  under  the  provisions  of  this  act,  the  State  Highway 
Commissioner  shall  immediately  ascertain  the  total  expense  of 
the  same,  and  apportion  the  said  total  expense  between  the 
State,  the  county  and  the  township,  or  townships,  in  the  pro- 
portion hereinbefore  provided;  and  in  case  the  said  improved 
highway  shall  extend  into  or  through  two  or  more  townships, 
he  shall  apportion  the  proportion  of  the  expense,  aforesaid,  to 
be  borne  by  each  township  among  the  several  townships,  in  the 
same  proportionate  parts  as  the  cost  of  the  improvement  within 
each  township  shall  bear  to  the  whole  expense  of  the  improve- 
ment which  has  been  made  according  to  the  provisions  of  this 
act;  and  the  said  State  Highway  Commissioner  shall  certify 
the  total  expense  of  said  improvement  to  the  county  commis- 
sioners and  to  the  supervisors  or  commissioners  of  the  town- 
ship, or  townships,  in  which  the  improved  highway  has  been 
constructed,  respectively,  specifying  the  amounts  to  be  borne 
by  the  State,  the  county  and  the  township,  or  each  township,  as 
provided  by  this  act. 


280  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

269.  Pajrment  of  the  State's  Share.  Payment  of  the  County's 
Share.  Payment  of  the  Township's  Share.  Partial  Pajrments 
to  Contractor.    Proviso.     Cash  Road  Tax. 

Section  8.  The  State's  share  of  the  expense  of  highway  im- 
provement or  maintenance,  under  the  provisions  of  this  act, 
shall  be  paid  by  the  State  Treasurer  upon  the  warrant  of  the 
State  Highway  Commissioner,  attested  by  the  chief  clerk  of 
the  State  Highway  Department,  out  of  any  specific  appropria- 
tions made  by  the  Legislature  to  carry  out  the  provisions  of 
this  act;  and  the  share  of  the  county  in  which  said  highway  im- 
provement, as  herein  provided,  has  been  made,  shall  be  a  charge 
upon  the  funds  of  said  county,  and  shall  be  paid  by  the  county 
treasurer  upon  the  order  of  the  county  commissioners.  The 
share  of  the  township  or  townships  in  which  the  said  highway 
improvement,  as  herein  provided,  has  been  made,  shall  be  paid 
by  the  township  supervisors  or  commissioners,  as  other  debts 
of  said  township  or  townships  are  paid.  The  State  Highway 
Department,  the  county  commissioners  of  the  county,  and  the 
supervisors  or  commissioners  of  the  township,  or  townships, 
in  which  any  highway  is  being  improved  under  the  provisions 
of  this  act,  may,  with  the  approval  of  the  State  Highway  Com- 
missioner, make  partial  payments  to  the  contractor  or  contrac- 
tors performing  the  work,  as  the  same  progresses ;  but  not  more 
than  two-thirds  of  their  proportionate  shares  of  the  contract 
price  for  the  work  shall  be  paid,  in  advance  of  the  full  comple- 
tion of  the  same,  by  either  the  State  Highway  Department,  the 
county,  and  the  township  or  townships,  so  that  at  least  one- 
third  of  the  full  contract  price  shall  be  withheld  until  the  work 
is  satisfactorily  completed  and  accepted,  and  the  exact  propor- 
tions of  the  cost  thereof  apportioned  to  the  State,  county  and 
township,  or  townships:  Provided,  That  a  cash  road  tax  be 
levied  by  each  township,  where  such  road  improvement  is  being 
made,  to  meet  the  cost  of  such  permanent  road  improvement 
as  is  provided  in  this  act. 


ACT  CREATING  STATE  HIGHWAY  DEPARTMENT.  281 

270.  Contracts  to  Be  Made  in  the  Name  of  the  Commonwealth.     To 

Be  Approved  by  the  Attorney  General.     Written  Agreement 
of  County  and  Township  Oflo^cers  to  Be  Filed. 

Section  9.  Every  contract  authorized  to  be  made  by  the 
State  Highway  Department,  under  the  provisions  of  this  act, 
shall  be  made  in  the  name  of  the  Commonwealth  of  Pennsyl- 
vania, and  shall  be  signed  by  the  State  Commissioner  of  High- 
ways and  attested  by  the  Chief  Clerk  of  the  Department,  and 
shall  be  approved,  as  to  form  and  legality,  by  the  Attorney 
General  or  Deputy  Attorney  General  of  the  Commonwealth. 
No  contract  for  any  highway  improvement  shall  be  let  by  the 
State  Highway  Department,  nor  shall  any  work  be  authorized 
under  the  provisions  of  this  act,  until  the  written  agreement  of 
the  county  commissioners  of  the  county  and  the  supervisors 
or  commissioners  of  the  township,  or  townships,  in  which  said 
proposed  improvement  is  to  be  made,  agreeing  to  assume  their 
respective  shares  of  the  cost  thereof,  as  hereinbefore  provided, 
shall  be  on  file  in  the  office  of  the  State  Highway  Department, 
and  shall  have  been  approved  as  to  form  and  legality  by  the 
Attorney  General  or  the  Deputy  Attorney  General  of  the  Com- 
monwealth. 

271.  Petition  of  Township  Oflacers.     Resolution  of  County  Commis- 

sioners. Map,  Plan,  etc.  Proviso. 
Section  10.  The  county  commissioners  of  any  county  may, 
upon  the  presentation  to  them  of  a  petition  from  the  supervis- 
ors or  commissioners  of  any  township,  or  of  two  or  more  ad- 
joining townships,  representing  that  any  principal  highway  or 
section  thereof,  lying  within  said  township  or  townships,  is 
in  need  of  reconstruction,  and  setting  forth  that  said  township 
or  townships  desire  to  take  advantage  of  the  provisions  of  this 
act  to  improve  said  highway,  pass  a  resolution  petitioning  the 
State  Highway  Department  to  undertake  the  improvement  of 
the  highway  or  section  thereof  specified  in  the  petition  from 
the  township  or  townships  aforesaid,  and  authorizing  the  as- 
sumption by  the  county  of  its  share  of  the  expense  of  said  im- 
provement ;  accompanying  the  said  petition  to  the  State  High- 


282  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

way  Department  with  a  map  or  plan  showing  the  layout,  lines, 
profile  and  grade  of  such  highway,  as  hereinbefore  provided: 
Provided,  That  where  the  county  commissioners  petition  the 
State  Highway  Commissioner  for  the  improvement  of  a  public 
road  or  parts  thereof,  they  shall  state  the  kind  of  material  to  be 
used  or  available  for  such  road. 

272.  Petition.  Resolution.  Township  May  Incur  Indebtedness  or 
Issue  Bonds.  Petition  of  Owners  of  Real  Estate,  Protesting 
Against  Expenditure.  Petition  of  Owners  of  Real  Estate, 
Favoring  Improvement. 

Section  11.  The  supervisors  or  commissioners  of  any  town- 
ship in  any  county  of  the  Commonwealth  may  petition  the 
county  commissioners  of  said  county  to  make  application  to 
the  State  Highway  Department  for  the  co-operation  of  the 
State  in  the  reconstruction  or  permanent  improvement  of  any 
principal  highway  within  the  said  township,  or  any  section 
thereof  which  is  much  used  as  a  thoroughfare  by  the  people  of 
said  township  and  the  neighboring  townships,  cities  and  bor- 
oughs, agreeing  by  resolution  to  assume,  for  said  township,  the 
proportionate  share  of  the  expense  of  said  improvement,  as 
hereinbefore  provided.  It  shall  be  lawful  for  any  township  to 
incur  indebtedness  or  to  issue  bonds,  in  the  manner  author- 
ized by  law,  for  the  payment  of  the  said  township's  share  of  the 
cost  of  any  highway  improvement  undertaken  under  the  pro- 
visions of  this  act.  If  within  thirty  days  after  the  receipt  of 
any  petition  for  highway  improvement  in  any  township,  under 
the  provisions  of  this  act,  a  petition,  signed  by  the  owners  of  a 
majority  of  the  assessed  valuation  of  real  estate  in  said  town- 
ship, is  received  by  the  county  commissioners  of  the  county  in 
which  said  township  is  located,  protesting  against  said  pro- 
posed expenditure  upon  the  part  of  the  township,  then  the 
county  commissioners  shall  take  no  action  on  said  petition  for 
improvement,  but  shall  return  the  same  to  the  supervisors  or 
commissioners  from  whom  it  was  received.  Upon  the  re- 
ceipt of  a  petition,  signed  by  the  owners  of  a  majority  of  the 
assessed  valuation  of  real  estate  in  any  township,  requesting 


ACT  CREATING  STATE  HIGHWAY  DEPARTMENT.  283 

the  application  by  said  township  for  the  improvement  of  any 
highway  in  said  township  according  to  the  provisions  of  this 
act,  it  shall  be  the  duty  of  the  supervisors  or  commissioners 
of  said  township  to  petition  the  county  commissioners  in  the 
manner  hereinbefore  described. 

273.  In  Case  County  Commissioners  Neglect  or  Refuse  to  Act  Upon 
TownsMp's  Petition.  Township  May  Petition  Court.  Be- 
port  of  Jury  of  View.  Order  of  Court.  Appointment  of  and 
Compensation  of  Jury  of  View, 

Section  12.  In  case  the  county  commissioners  of  any  county 

shall  neglect  or  refuse  to  act  upon  the  petition  of  any  township 

or  townships  for  highway  improvement,  as  herein  provided,  or 

shall  refuse  to  petition  the  State  Highway  Department  for 

State  aid  in  such  proposed  improvement,  after  said  township 

or  townships  shall  have  complied  with  the  conditions  of  this 

act  in  petitioning  said  county  commissioners,  the  supervisors 

or  commissioners  of  said  township  or  townships  may,  through 

their  proper  officers,  petition  the  court  of  quarter  sessions  of 

said  county  for  the  appointment  of  a  jury  of  view  to  examine 

into  the  necessity  of  said  proposed  highway  improvement ;  and 

upon  the  said  jury  of  view  making  a  report  favorable  to 

said    improvement,    and    with    the    approval    of    the    court, 

it    shall    be    the    duty    of,    and    the    court    may    by  order 

require,  the  said  county  commissioners  to  petition  the  said 

State  Highway  Department  for  the  co-operation  of  the  State  in 

the  said  proposed  highway  improvement,  in  the  manner  herein 

provided.    Said  jury  of  view  to  be  appointed  and  compensated 

in  the  same  manner,  and  to  have  the  same  powers,  as  juries  of 

view  for  laying  out  or  changing  public  roads  have  by  existing 

law. 

274.     Joint  Petition  of  Townships. 

Section  13.  The  supervisors  or  commissioners  of  any  ad- 
jacent townships,  in  the  same  county,  in  which  any  portion  of 
a  principal  highway  running  into  or  through  said  townships 
may  lie,  may  by  resolution  jointly  petition  the  county  commis- 


284  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

sioners  of  their  county  to  make  application  to  the  State  High- 
way Department  for  the  co-operation  of  the  State  in  repairing 
or  rebuilding  said  highway,  as  herein  provided. 

275.  Advertisements  for  Proposals. 

Section  14.  Advertisements  for  proposals  for  the  recon- 
struction or  improvement  of  highways  under  the  provisions 
of  this  act  shall  be  given  by  the  county  commissioners,  at  least 
thirty  days  before  the  contracts  may  be  awarded,  by  public  no- 
tice in  at  least  two  newspapers  of  general  circulation  in  the 
county  in  which  the  highway  to  be  improved  is  located;  such 
advertisement  to  designate  where  the  plans  and  specifications 
may  be  had,  and  the  time  and  place  of  the  reception  of  bids  and 
the  letting  of  the  contract. 

276.  Maintenance   of  Highways.     Apportionment   of   Maintenance 

Fund. 
Section  15.  Ten  per  centum  of  the  amount  available  for 
highway  purposes,  under  the  provisions  of  this  act,  shall  be  set 
aside  for  the  purpose  of  maintenance  of  highways,  as  herein- 
after provided,  and  shall  be  apportioned  by  the  State  Highway 
Commissioner  among  the  townships  or  counties  applying  for 
the  same,  in  proportion  to  the  mileage  of  improved  highways 
made  under  the  provisions  of  this  act,  or  which  have  already 
been  made  or  may  hereafter  be  made,  at  the  expense  of  such 
townships  or  counties,  and  which  are  of  the  standard  prescribed 
by  the  State  Highway  Department  for  improved  highways. 

277.  state  Aid  for  Maintenance.     Sworn  Petition.     Apportionment 

to  Township.  Limited  to  One-half  of  Annual  Cost. 
Section  16.  Whenever  the  supervisors  or  commissioners  of 
any  township  or  county  shall  desire  State  aid  for  the  purpose 
of  maintenance  of  improved  highways,  whether  State  high- 
ways improved  under  the  provisions  of  this  act  or  otherwise, 
it  shall  be  the  duty  of  said  supervisors  or  commissioners  to  file 
with  the  State  Highway  Department,  on  or  before  the  first 
day  of  April  in  each  year,  a  sworn  petition  requesting  such 


ACT  CREATING  STATE  HIGHWAY  DEPARTMENT.  285 

State  aid,  and  setting  forth  the  number  of  miles  of  highways 
improved  according  to  the  standards  of  the  State  Highway 
Department  in  said  township,  and  the  cost  of  the  same  to  said 
township,  together  with  the  condition  of  said  improved  high- 
ways and  the  average  annual  cost  of  maintaining  the  same. 
The  State  Commissioner  of  Highways,  if  in  his  judgment  the 
conditions  warrant  the  co-operation  of  the  State  in  maintain- 
ing said  highways,  shall  apportion  to  said  township  its  propor- 
tion of  the  total  amount  available  for  the  maintenance  of  im- 
proved highways,  as  hereinbefore  provided,  and  the  said 
amount  shall  be  paid  to  the  supervisors  or  commissioners  of 
said  township  by  warrant  of  the  State  Highway  Department; 
but  in  no  case  shall  the  amount  thus  given  by  the  State  for 
maintenance,  be  more  than  one-half  the  amount  which,  in  the 
judgment  and  experience  of  the  State  Highway  Commissioner, 
the  annual  cost  of  maintaining  improved  highways  of  the 
standard  of  construction  prevailing  in  such  township  should  be, 
nor  more  than  one-half  the  sworn,  average  annual  cost  of  main- 
tenance, as  set  forth  in  the  petition  of  the  supervisors  or  com- 
missioners of  the  said  townships. 

278.     "State  Highways."     Duty  of  Supervisors,  etc. 

Section  17.  All  highways,  or  portions  of  highways,  con- 
structed or  improved  under  the  provisions  of  this  act,  shall 
'thereafter  be  known  as  "State  Highways,"  but,  so  far  as  the 
same  may  be  within  the  limits  of  any  township,  shall  be  kept 
in  repair,  so  that  they  may  be  maintained  at  the  standard  of 
condition  prescribed  for  highways  of  their  class  by  the  State 
Highway  Department,  at  the  expense  of  said  township ;  but  the 
supervisors  or  commissioners  of  any  township  possessing  im- 
proved highways  may  ask  for  and  receive  State  aid  for  the 
maintenance  of  the  same,  as  hereinbefore  provided.  It  shall 
be  the  duty  of  the  supervisors  or  commissioners  of  every  town- 
ship in  which  said  State  Highways  may  lie,  to  maintain  the 
same  generally  at  a  reasonable  standard,  prescribed  for  such 
roads  by  the  State  Highway  Department. 


286  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

279.  "Highway"  Construed. 

Section  i8.  The  word  "highway,"  as  used  in  this  act  shall 
be  construed  to  include  any  existing  causeway  or  bridge,  or 
any  new  causeway  or  bridge,  or  any  drain  or  water-course 
which  may  form  a  part  of  a  road,  and  which  might  properly  be 
built,  according  to  existing  laws,  by  the  township  or  town- 
ships ;  but  shall  not  include  causeways  or  bridges  which  should 
properly  be  built  by  a  county,  or  adjoining  counties,  or  by  the 
State. 

280.  When  Portion  of  Highway  is  Within  a  Borough.     Agreement 

with  Borough.  State  May  Bear  a  Portion  of  Expense.  Limit 
of.  Borough  Highways.  Plans  and  Specifications.  Ap- 
proval of  Work.     Duty  of  Borough  Officers. 

Section  19.  Where  a  portion  of  an  important  main  high- 
way, traversing  one  or  more  townships,  and  for  the  improve- 
ment of  which  according  to  the  provisions  of  this  act  applica- 
tion has  been  made  by  said  township  or  townships,  shall  lie 
within  the  limits  of  any  borough  or  boroughs,  and  where  the 
failure  of  said  borough  or  boroughs  to  improve  the  said  high- 
way would  leave  a  break  or  unimproved  section  in  a  continu- 
ous improved  highway,  it  shall  be  lawful  for  the  county  com- 
missioners of  the  county  in  which  said  highway  is  located,  to 
enter  into  an  agreement  with  said  borough  or  boroughs  to  bear 
a  portion  of  the  expense  of  said  improvement  of  the  highway 
within  the  borough  limits,  in  the  same  manner  as  is  herein- 
provided  for  co-operation  between  the  counties  and  townships ; 
and  the  State  Highway  Department  may,  if  the  State  Highway 
Commissioner  so  recommends,  bear  a  portion  of  the  expense 
of  said  improvement  of  said  highway  within  said  borough  lim- 
its, but  in  no  case  shall  the  portion  of  said  expense  to  be  borne 
by  the  State  exceed  one-third  of  the  total  expense  of  said  im- 
provement, and  boroughs  shall  only  receive  aid  from  the  State, 
as  aforesaid,  in  cases  where  failure  to  receive  such  aid  would 
prevent  a  continuous  improvement  of  an  important  main  high- 
way, provision  for  the  rebuilding  of  which  has  been  made  in 
the  township  or  townships  adjoining  said  borough  or  bor- 


ACT  CREATING  STATE  HIGHWAY  DEPARTMENT.  28/ 

oughs.  All  improvements  made  in  borough  highways,  as 
herein  provided,  shall  be  of  a  character  similar  to  that  specified 
for  the  township  or  townships  through  which  the  highway  to 
be  improved  passes  in  reaching  said  borough  and  boroughs, 
and  the  plans  and  specifications  for  the  work  shall  be  approved 
by  the  State  Highway  Department;  and  the  completed  work 
shall  be  approved  by  said  department  before  any  warrant  shall 
be  issued  for  the  State's  share  in  such  improvement,  as  herein 
provided.  It  shall  be  the  duty  of  the  proper  officers  of  said 
borough  or  boroughs,  charged  with  the  maintenance  of  the 
streets  and  highways  of  said  borough  or  boroughs,  to  keep  and 
maintain  said  improved  highway,  within  the  borough  limits, 
in  a  condition  to  conform  to  the  standard  established  by  the 
State  Highway  Department  for  the  maintenance  of  similar 
highways. 

281.     Commonwealth  Not  to  Be  Liable  for  Damages.    Damages.    Pe- 
tition.   Viewers.    Proceedings. 

Section  20.  The  Commonwealth  of  Pennsylvania  shall  not 
be  liable  to  any  person  or  corporation  for  damages  arising 
from  the  rebuilding  or  improvement  of  any  highway  under  this 
act,  nor  shall  the  State  engage  to  keep  such  highway  in  repair 
after  the  same  shall  have  been  rebuilt  or  improved,  except  to 
extend  the  aid  in  maintenance  herein  provided.  In  case  any 
person  or  persons,  or  corporations,  shall  sustain  damage  by 
any  change  in  grade  or  by  the  taking  of  land  to  alter  the  loca- 
tion of  any  highway  which  may  be  improved  under  this  act, 
and  the  county  commissioners  and  the  parties  so  injured  can- 
not agree  on  the  amount  of  damages  sustained,  such  persons 
or  corporations  may  present  their  petition  to  the  court  of  quar- 
ter sessions  for  the  appointment  of  viewers  to  ascertain  and 
assess  such  damage;  the  proceedings  upon  which  said  petition 
and  by  the  viewers  shall  be  governed  by  the  laws  relating  to 
the  assessment  of  damages  for  opening  public  highways,  and 
such  damages,  when  ascertained,  shall  be  paid  by  the  respective 
counties,  and  afterwards  apportioned  by  the  Commissioner  of 
Highways,  according  to  the  provisions  of  section  seven. 


288  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA, 

283.  Highway  Plan  of  the  State,  etc.  Duties  of  the  Commissioner. 
He  May  Be  Consulted  by  Officers,  Promotion  of  Improve- 
ment, 

Section  21.  In  addition  to  his  other  duties,  the  State  High- 
way Commissioner  shall  cause  to  be  made  and  kept  for  the 
State  Highway  Department  a  general  highway  plan  of  the 
State,  and  compile  statistics  and  collect  information  relative 
to  the  mileage,  character  and  condition  of  the  highways  in  the 
townships  and  counties  of  the  State.  He  shall  investigate  and 
determine  upon  the  various  methods  of  road  construction  best 
adapted  to  the  various  sections  of  the  State;  and  establish 
standards  for  the  construction  and  maintenance  of  highways 
in  the  various  sections,  taking  into  consideration  the  topog- 
raphy of  the  country,  the  natural  conditions  and  the  character 
and  availability  of  road-building  material,  and  the  ability  of 
the  townships  and  counties  to  build  and  maintain  roads  under 
the  provisions  of  this  act.  He  may,  at  all  reasonable  times,  be 
consulted  by  county,  city,  borough  or  township  officers  having 
authority  over  highways  and  bridges,  and  shall,  when  re- 
quested, advise  and  give  information  to  such  officers  relative 
to  the  construction,  repairing,  alteration  and  maintenance  of 
the  said  highways  and  bridges.  He  shall  at  all  times  lend  his 
aid  in  promoting  improvement  throughout  the  State,  and 
shall  prepare  and  disseminate  useful  information  relative  to 
road  building  and  improvement. 

283.     Duty  of  County,  City,  Borough  and  Township  Officers. 

Section  22,  County  commissioners  or  county  engineers  of 
the  several  counties  of  this  State,  and  the  officers  of  all  cities, 
boroughs  and  townships  in  the  State,  who  now  have,  or  may 
hereafter  have  by  law,  authority  over  the  public  highways  and 
bridges,  shall,  upon  the  written  request  of  the  State  Highway 
Department,  furnish  said  Department  with  any  information 
relative  to  the  mileage,  cost  of  building,  and  maintenance,  con- 
dition and  character  of  the  highways  under  their  jurisdiction, 
and  with  any  other  needful  information  relating  to  the  said 
highways. 


ACT  CREATING  STATE  HIGHWAY  DEPARTMENT.  289 

284.  Construction   of  Improved  Highways.     Selection  of  Material 

for  Boad. 

Section  23.  All  highways  improved  under  the  provisions  of 
this  act  shall  require  the  construction  of  a  macadamized  road, 
or  a  telford  or  other  stone  road,  or  a  road  constructed  of 
gravel,  cinder,  oyster-shells,  or  other  good  materials,  in  such 
manner  that  the  same,  of  whatever  material  constructed,  will, 
with  reasonable  repairs  thereto,  at  all  seasons  of  the  year  be 
firm,  smooth  and  convenient  for  travel.  The  county  commis- 
sioners shall  have  the  authority  to  select  the  kind  of  materials 
to  be  used  in  improving  any  road  under  the  provisions  of  this 
act.  Any  difference  of  opinion  that  may  arise  between  the 
county  commissioners  and  the  township  road  authorities,  as  to 
the  kind  of  road  to  be  built,  shall  be  decided  by  the  State  High- 
way Commissioner.  The  State  Highway  Commissioner  shall 
furnish  to  the  county  commissioners  and  township  road  au- 
thorities information  as  to  the  probable  cost  of  improved  high- 
ways, as  defined  in  this  section. 

285.  $6,500,000  Appropriated.    When  Available. 

Section  24.  The  sum  of  six  millions  five  hundred  thousand 
dollars  is  hereby  appropriated  to  carry  out  the  provisions  of 
this  act  during  the  next  six  years.  Of  this  sum,  an  amount  not 
to  exceed  five  hundred  thousand  dollars  shall  be  available  in 
the  first  year  after  the  passage  of  this  act,  not  more  than  five 
hundred  thousand  dollars  shall  be  available  in  the  second  year, 
one  million  two  hundred  and  fifty  thousand  dollars  in  each  of 
the  two  next  following  years,  and  one  million  five  hundred 
thousand  dollars  in  each  of  the  two  years  next  following. 

286.  Repeal.    Proviso. 

Section  25.  All  acts  or  parts  of  acts  inconsistent  herewith 
are  hereby  repealed :  Provided,  That  the  provisions  of  this 
act  shall  not  be  construed  to  repeal  any  of  the  provisions  of  the 
road  acts  approved  June  twenty-sixth,  one  thousand  eight 
hundred  and  ninety-five  (Pamphlet  laws,  three  hundred  and 
thirty-six),  and  June  twenty-three,  one  thousand  eight  hun- 


290  LAW   OF   TOWNSHIPS   IN   PENNSYLVANIA. 

dred   and   ninety-seven    (Pamphlet   laws,   one   hundred   and 
ninety- four),  and  July  ten,  one  thousand  nine  hundred  one 
(Pamphlet  laws,  six  hundred  and  thirty-six). 
Approved — The  15th  day  of  April,  A.  D.  1903. 


CHAPTER  XXVIII. 

INSTRUCTIONS  ISSUED  BY  STATE   HIGHWAY  DEPARTMENT. 

287.  Instructions      to      Township  way  Law  of  1903 ;  and  Also 

Supervisors      and      County  to   Engineers   Making  Sur- 

Commissioners  as  to  Method  veys. 
of  Procedure  Under  High- 

287.  Instructions  to  Township  Supervisors  and  County  Commission- 
ers as  to  Method  of  Procedure  Under  Highway  Law  of  1903; 
and  Also  to  Engineers  Making  Surveys. 

When  it  is  desired  to  have  a  section  of  road  in  any  town- 
ship permanently  improved,  under  the  Act  of  April  15,  1903 
(P.  L.  188),  making  provision  for  State  aid,  the  supervisors 
of  said  township  should  meet  in  regular  session,  the  town  clerk 
or  secretary  of  the  board  of  supervisors  being  present  to  make 
proper  record  of  the  action  taken.  A  resolution  should  be 
passed  and  entered,  without  fail,  on  the  township  records,  set- 
ting forth  that  the  road  in  question  is  in  need  of  reconstruc- 
tion, stating  between  what  points  such  reconstruction  is  de- 
sired, agreeing  to  pay  one-sixth  of  the  cost  thereof  and  for 
the  levying  of  a  cash  road  tax,  and  petitioning  the  county  com- 
missioners to  ask  for  State  aid. 

A  certified  copy  of  this  resolution,  signed  by  the  supervisors 
and  attested  by  the  town  clerk  or  secretary  of  the  board  of 
supervisors,  should  be  sent  to  the  county  commissioners,  with 
the  petition  requesting  their  co-operation. 

In  townships  of  the  first  class  the  township  commissioners 
should  follow  the  foregoing  instructions  to  township  super- 
visors. 

The  county  commissioners  should  then  pass  a  resolution  set- 
ting forth  that  they  have  been  petitioned  by  the  township 
supervisors  of  the  said  township  to  join  in  asking  State  aid, 
authorizing  the  assumption  by  the  county  of  its  share  (one- 
sixth)   of  the  cost  of  the  improvement,  and  petitioning  the 

291 

19 


292  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

State  Highway  Department  to  undertake  the  said  improve- 
ment. This  resolution  should  be  properly  recorded  and  a  cer- 
tified copy,  signed  by  the  county  commissioners  and  attested 
by  the  commissioners'  clerk,  be  sent  to  the  State  Highway  De- 
partment.  The  county  commissioners  should  also  state  what 
kind  of  material  is  available  for  such  road  and  its  proximity 
to  the  proposed  improvement.  All  the  necessary  blanks  for 
the  foregoing  can  be  obtained  upon  application  to  the  State 
Highway  Department. 

Accompanying  the  petition  of  the  county  commissioners 
should  be  the  petition  and  copy  of  the  resolution  as  certified 
to  by  the  township  supervisors,  and  an  accurate  map  or  plan  of 
the  layout,  lines,  profile  and  grade  of  said  highway.  This  map 
or  plan  should  be  continuous  and  drawn  on  a  scale  of  50  feet 
to  one  inch,  the  profile  or  grade  plan  on  a  scale  of  50  feet 
horizontal  and  10  feet  vertical,  cross  sections  on  a  scale  of  10 
feet  horizontal  and  vertical,  and  should  show  all  buildings 
within  100  feet  of  the  road,  property  lines,  names  of  owners, 
location  of  fences,  drains,  culverts,  bridges,  elevations  every 
100  feet  and  at  all  changes  of  grade  and  cross  sections  every 
200  feet,  or  oftener  if  the  ground  is  irregular,  being  careful  to 
show  width  of  roadbed  as  found.  Elevations  of  the  tops  of  all 
bridges  and  the  surface  of  water  in  all  streams,  and  elevations 
every  100  feet  should  be  marked  in  figures  on  the  profile  oppo- 
site their  respective  locations.  In  fact,  all  the  details  neces- 
sary from  which  to  make  an  accurate  estimate  of  the  work  re- 
quired to  be  done  in  the  reconstruction  of  the  road  proposed 
to  be  improved  must  be  given.  The  plan  should  bear  the  name 
and  address  of  the  engineer  who  made  the  surveys,  and  if  on 
tracing  cloth  should  be  made  on  the  dull  side  of  the  cloth  and 
not  on  the  smooth  side.  The  original  plan  must  be  sent  to  the 
Department  with  the  application.  In  making  the  survey,  iron 
pins  should  be  driven  at  every  angle  point,  and  a  guard  stake 
placed  near  by  with  the  station  and  plus  marked  thereon.  A 
stake  should  be  placed  at  each  hundred  feet  and  numbered 
with  a  continuous  enumeration,  using  zero  °  for  the  beginning. 


INSTRUCTIONS   BY   HIGHWAY  DEPARTMENT.  293 

When  the  stations  come  in  the  middle  of  the  road,  stakes  can 
be  placed  at  a  reasonable  distance  at  right  angles,  with  the  dis- 
tance marked  on  each  stake.  After  the  application  has  been 
filed  with  the  State  Highway  Department  it  is  the  duty  of  the 
Highway  Commissioner,  or  his  Assistant,  to  examine  the  road 
in  the  reconstruction  of  which  State  aid  is  asked ;  and  if  in  the 
judgment  of  the  State  Highway  Commissioner  said  represen- 
tation is  well  founded  he  shall  determine  what  changes  shall 
be  made  in  said  existing  highway,  what  portions  shall  be  im- 
proved and  in  what  manner.  After  this  has  been  determined 
and  plans  prepared  the  county  commissioners  will  advertise  for 
30  days  for  bids  on  the  work  to  be  done.  These  bids  will  be 
received  at  the  State  Highway  Department,  at  Harrisburg,  Pa. 


CHAPTER  XXIX. 


FORMS. 


288.  Petition  of  Real  Estate  Own- 

ers. 

289.  Petition  of  Township  Super- 

visors. 

290.  Petition   of   Township   Com- 

missioners of  Townships  of 
the  First  Class. 

291.  Petition  of  County  Commis- 

sioners. 

292.  Agreement     Between     Com- 

monwealth, County  and 
Township,  for  Road  Im- 
provements. 

293.  Contract   Between  the   Com- 

monwealth and  Contractor. 


294.  Bond  to  Be  Given  by  the  Con- 

tractor for  Road  Improve- 
ment. 

295.  Maintenance  Petition  for  the 

Use  of  Township  Super- 
visors. 

296.  Maintenance  Petition  for  the 

Use  of  Township  Commis- 
sioners and  County  Com- 
missioners. 

297.  Form  of  Standard  Specifica- 

tions. 

298.  Form  of  Bid. 


288.    Petition  of  Real  Estate  Owners. 

To  the  Supervisors  of  Township: 

We,  the  undersigned,  owners  of  a  majority  of  the  assessed 
valuation  of  real  estate  in  Township,  County, 

Commonwealth  of  Pennsylvania,  respectively  represent  that  a 
certain  section  of  highway,  about  feet  in  length  and 

situated  as  follows :  is  in  need  of  reconstruction,  and 

that  it  is  our  desire  to  take  advantage  of  the  provisions  of  the 
Act  of  Assembly  of  the  Commonwealth  of  Pennsylvania,  ap- 
proved April  15,  1903,  providing  for  the  establishment  of  a 
State  Highway  Department,  etc. 

We  do  therefore  ask  you,  the  supervisors  of  said  Township, 
to  petition  the  County  Commissioners  to  make  application  to 
the  State  Highway  Department  for  State  aid  in  the  improve- 
ment of  the  highway  hereinbefore  described,  under  the  pro- 
visions of  the  said  act,  and  we  will  ever  pray,  etc. 


294 


FORMS.  295 


289.     Petition  of  Township  Supervisors. 

To  the  Commissioners  of  County : 

Whereas,   The  section  of   highway   in  Township, 

County  of  ,  Commonwealth  of  Pennsylvania,  being 

about  feet  in  length  and  situated  as  follows, 

is  in  need  of  reconstruction,  and 

Whereas,  State  aid  is  desired  for  the  permanent  improve- 
ment of  said  section  of  highway,  under  the  Act  approved  April 
15,  1903,  providing  for  the  establishment  of  a  State  Highway 
Department,  etc.,  therefore  be  it 

Resolved,  That  the  supervisors  of  said  Township, 

in  regular  session  assembled  on  this  day  of  , 

190     ,  do  on  behalf  of  said  township  hereby  petition  for  State 
aid  as  hereinbefore  stated,  and  be  it  further 

Resolved,  That  the  said  supervisors  do  agree  for  themselves 
and  their  successors  in  office  to  pay  from  the  township  funds, 
in  the  manner  provided  by  the  said  Act,  one-sixth  part  of  the 
expense  of  said  improvement,  and  be  it  further 

Resolved,  That  a  cash  road  tax  be  levied  to  meet  when  due 
one-sixth  part  of  the  expense  of  said  improvement,  and  be  it 
further 

Resolved,  That  the  commissioners  of  said  County  of 
be  and  are  hereby  petitioned  to  join  in  requesting  the  State 
Highway  Department  to  extend  State  aid  for  the  said  road 
improvement,  under  the  said  Act. 

(Signed) 


Attest : 


Supervisors  of  Township. 


Town   Clerk. 


296  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

290.     Petition  of  Township  Commissioners  of  Townships  of  the  First 
Class. 

To  the  Commissioners  of  County : 

Whereas,   The   section   of  highway   in  Township, 

County  of  ,  Commonwealth  of  Pennsylvania,  being 

about  feet  in  length  and  situated  as  follows, 

is  in  need  of  reconstruction,  and 

Whereas,  State  aid  is  desired  for  the  permanent  improve- 
ment of  said  section  of  highway,  under  the  Act  approved  April 
15,  1903,  providing  for  the  establishment  of  a  State  Highway 
Department,  etc.,  therefore  be  it 

Resolved,  That  the  commissioners  of  said  Town- 

ship,  in   regular   session   assembled   on   this  day  of 

,190     ,  do  on  behalf  of  said  township  hereby  peti- 
tion for  State  aid  as  hereinbefore  stated,  and  be  it  further 

Resolved,  That  the  said  commissioners  do  agree  for  them- 
selves and  their  successors  in  office  to  pay  from  the  township 
funds,  in  the  manner  provided  by  the  said  Act,  one-sixth  part 
of  the  expense  of  said  improvement,  and  be  it  further 

Resolved,  That  a  cash  road  tax  be  levied  to  meet  when  due 
one-sixth  part  of  the  expense  of  said  improvement,  and  be  it 
further 

Resolved,  That  the  commissioners  of  said  County  of 
be  and  are  hereby  petitioned  to  join  in  requesting  the  State 
Highway  Department  to  extend  State  aid  for  the  said  road 
improvement,  under  the  said  Act. 

(Signed) 


Commissioners  of  Township. 

Attest : 

Town   Clerk. 


FORMS.  297 

291.     Petition  of  County  Commissioners. 
To  the  State  Highway  Department : 

Whereas,  There  has  been  presented  to  the  undersigned,  com- 
missioners of  County,  Commonwealth  of  Pennsyl- 
vania, a  petition  from  the  supervisors  of  Township, 
County,  representing  that  a  section  of  highway  in  said 
Township,  being  about  feet  in  length  and 
situated  as  follows:  is  in  need  of  reconstruction,  and 
setting  forth  that  said  township  desires  to  take  advantage  of 
the  provisions  of  the  Act  approved  April  15,  1903,  providing 
for  the  establishment  of  a  State  Highway  Department,  etc., 
therefore  be  it 

Resolved,   That   we,    the   said   commissioners   of 
County,  Commonwealth  of  Pennsylvania,  do  hereby  petition 
the  said  State  Highway  Department  to  undertake  the  improve- 
ment of  the  section  of  highway  specified  in  the  petition  from 
the  township  aforesaid,  and  be  it  further 

Resolved,   That   we,   the   said   commissioners   of 
County,  Commonwealth  of  Pennsylvania,  do  hereby  authorize 
the  assumption  by  said  county  of  its  share  of  the  expense  of 
said  improvement,  and  be  it  further 

Resolved,  That  a  map  or  plan  accompany  this  petition  to 
the  State  Highway  Department,  showing  the  layout,  lines, 
profile  and  grade  of  the  section  of  highway  hereinbefore  de- 
scribed. 

We,  the  commissioners  of  County,  Commonwealth 

of  Pennsylvania,  do  hereby  state  that  there  is  available  for 
such  highway  improvement  the  material  described  and  located 
as  follows : 

(Signed) 


Commissioners  of  County. 


Attest : 


Commissioners'  Clerk. 


298  LAW   OF  TOWNSHIPS   IN   PENNSYLVANIA. 

292.    Agreement  Between  Commonwealtli,   County  and  Township, 
for  Road  Improvements. 

Whereas,  The  State  Highway  Commissioner  has,  under  the 
provisions  of  the  Act  approved  April  15,  1903,  P.  L.  188,  re- 
commended the  improvement  of  a  section  of  highway  about 

feet  in  length,  lying  in  Township, 

County,  at  an  approximate  cost  of  $  , 

Now,  this  agreement  witnesseth  that  the  Commonwealth  of 
Pennsylvania  agrees  to  carry  out  the  recommendations  of  the 
State  Highway  Commissioner  and  to  defray  two-thirds  of  the 
total  expense  of  such  improvement. 

The   said    county   of  and    the   said    township   of 

,  by  their  authorized  representatives  whose  signa- 
tures are  hereunto  attached,  do  hereby  jointly  and  severally 
agree  to  pay  each  one-sixth  of  the  total  expense  of  such  im- 
provement. 

In  testimony  whereof  we  have  this  day  of  , 

A.  D.  190     ,  set  our  hands  and  seals. 

Commonwealth  of  Pennsylvania, 

By ,  L.  S. 

State  Highway  Commissioner. 

Attest : 

,L.  S. 

Chief   Clerk. 

County  of   

By ,  L.  S. 

,  L.  S. 

,  L.  S. 

Commissioners. 

Attest : 

,L.  S. 

Commissioners'  Clerk. 


FORMS.  299 

Township  of 

By ,L.  S. 

,  L.  S. 

,  L.  S. 

Supervisors  or  Commissioners  (as  the  case  may  be.) 

Attest : 

,L.  S. 

Town   Clerk. 

293.     Contract  Between  the  Commonwealth  and  Contractor. 

This  agreement,  made  this  day  of  ,  A.  D. 

190  ,  between  the  Commonwealth  of  Pennsylvania,  herein- 
after called  the  party  of  the  first  part,  and  of  , 
or  successors,  executors,  administrators  and  assigns, 
hereafter  called  the  party  of  the  second  part, 

Witnesseth,  That  the  party  of  the  second  part,  for  and  in 
consideration  of  the  payment  or  payments  hereinafter  specified 
and  agreed  to  by  the  party  of  the  first  part,  hereby  covenants 
and  agrees  to  furnish  and  deliver  all  the  materials  and  to  do 
and  perform  all  the  work  and  labor  required  in  the  improve- 
ment of  a  certain  section  of  highway  in  Township, 
County  of  ,  Commonwealth  of  Pennsylvania,  being 
about                feet  in  length  and  situated  as  follows: 

The  party  of  the  second  part  further  covenants  and  agrees 
that  said  materials  of  each  and  every  kind  shall  be  of  the  best 
of  their  several  kinds,  and  that  all  of  said  work  and  labor  shall 
be  done  and  performed  in  the  best  and  most  workmanlike 
manner,  and  that  both  materials  and  labor  shall  be  in  strict  and 
entire  conformity  with  the  specifications  and  plan,  a  copy  of 
each  of  which  is  hereto  attached  and  forms  part  of  this  agree- 
ment; and  that  all  of  said  materials  and  labor  shall  be  subject 
to  the  inspection  and  approval  of  the  State  Highway  Commis- 
sioner, or  his  duly  authorized  assistant,  and  in  case  any  of  said 
materials  or  labor  shall  be  rejected  by  the  said  State  Highway 
Commissioner,  or  his  assistant,  as  defective  or  unsuitable,  then 


300  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA, 

the  said  materiak  shall  be  removed  and  replaced  with  other 
materials,  and  the  said  labor  shall  be  done  anew  to  the  satisfac- 
tion and  approval  of  the  said  State  Highway  Commissioner, 
or  his  assistant,  at  the  cost  and  expense  of  the  party  of  the  sec- 
ond part. 

The  party  of  the  second  part  further  covenants  and  agrees 
that  all  of  said  materials  shall  be  furnished  and  delivered,  and 
all  of  said  labor  shall  be  done  and  performed  to  the  satisfaction 
and  approval  of  the  said  State  Highway  Commissioner  on  or 
before  the  expiration  of  from  the  date  of  this  con- 

tract, and  if  for  any  reason,  except  for  the  written  consent  of 
the  said  State  Highway  Commissioner,  the  completion  of  the 
said  work  shall  be  delayed  beyond  that  date,  then  the  party  of 
the  second  part  shall  pay  and  forfeit  to  the  party  of  the  first 
part  the  sum  of  dollars    ($  )   per 

for  each  and  every  during  which  the  said  work  shall  be 

delayed;  provided  that  upon  receipt  of  written  notice  from 
said  party  of  the  second  part  of  the  existence  of  causes  over 
which  said  party  of  the  second  part  has  no  control  and  which 
must  delay  the  completion  of  said  work,  the  said  State  High- 
way Commissioner  may,  in  his  discretion,  extend  the  period  al- 
lotted for  its  completion,  and  in  such  case  the  damages  for  de- 
lay shall  become  operative  at  the  date  at  which  such  extension 
shall  expire. 

And  it  is  further  expressly  understood  and  agreed  by  and 
between  the  parties  to  this  agreement  that  if  in  the  opinion  of 
the  said  State  Highway  Commissioner  the  party  of  the  second 
part  shall  be  prosecuting  the  said  work  with  an  insufficient 
force  of  workmen  or  with  an  insufficient  supply  of  materials 
for  the  prompt  completion  of  said  work,  or  shall  be  improperly 
performing  the  said  work,  or  shall  discontinue  the  perform- 
ance of  said  work  before  completion,  or  shall  neglect  or  refuse 
to  remove  such  materials  or  to  perform  anew  such  labor  as 
shall  be  rejected  by  the  said  State  Highway  Commissioner  as 
defective  or  unsuitable,  then  in  any  such  case  it  shall  be  lawful 
for  the  said  State  Highway  Commissioner,  and  he  is  hereby  au- 


FORMS.  301 

thorized  and  empowered  to  employ  such  contractors  as  in  his 
opinion  shall  be  required  for  the  proper  completion  of  the  said 
work,  at  the  cost  and  expense  of  the  said  party  of  the  second 
part. 

And  it  is  further  expressly  understood  and  agreed  by  and 
between  the  parties  to  this  agreement  that  the  party  of  the  sec- 
ond part  shall  during  the  progress  of  said  work  properly  safe- 
guard the  same  against  injury  or  damage  to  the  public,  and 
that  said  party  of  the  second  part  shall  alone  be  responsible  for 
any  such  injury  or  damage  sustained  by  any  person  or  per- 
sons. 

In  consideration  of  the  foregoing  premises  the  said  party  of 
the  first  part  hereby  agrees  to  pay  to  the  party  of  the  second 
part  the  sum  of  dollars  ($  ),  payment  to  be 

made  as  follows : 

In  Witness  Whereof,  the  party  of  the  first  part  hath  here- 
unto subscribed  by  the  hand  and  seal  of  the  State  Highway 
Commissioner,  and  the  party  of  the  second  part  hath  set  his 
hand  and  seal. 
Attest : 

Commonwealth  of  Pennsylvania, 

By ,  L.  S. 

State  Highway  Commissioner. 

,L.  S. 

Chief   Clerk. 

,  L.  S. 

Contractor. 

294.    Bond  to  Be  Given  by  the  Contractor  for  Koad  Improvement. 

Know  all  Men  by  These  Presents,  That  we,  are 

held  and  firmly  bound  to  the  Commonwealth  of  Pennsylvania, 
in  the  sum  of  Dollars  ($  ),  lawful  money  of 

the  United  States,  for  which  payment,  well  and  truly  to  be 
made,  we  bind  ourselves  and  each  of  us,  our  and  each  of  our 
heirs,  executors  and  administrators,  for  and  in  the  whole, 
jointly  and  severally,  firmly  by  these  presents. 


302  LAW   OF  TOWNSHIPS   IN   PENNSYLVANIA. 

Whereas,  did  on  the  day  of  A. 

D.  190  ,  make  and  enter  into  a  contract  with  the  Common- 
wealth of  Pennsylvania  in  the  sum  of  dollars 
($  )  for  the  construction  of  a  section  of  highway  in 
Township,  County,  Pennsylvania,  under  the 
provisions  of  the  Act  approved  April  15,  1903,  (P.  L.  188), 

Now,  the  condition  of  this  obligation  is  such  that  if  the  above 
bounden  shall  well  and  truly  and  in  a  manner  satis- 

factory to  the  State  Highway  Commissioner  complete  the  work 
contracted  for  and  shall  save  harmless  the  Commonwealth  of 
Pennsylvania  from  any  expense  incurred  through  the  failure 
of  said  contractor  to  complete  the  work  as  specified,  or  for  any 
damages  growing  out  of  the  carelessness  of  said  contractor  or 
his  or  its  servants,  then  shall  this  obligation  be  void ;  otherwise 
shall  remain  in  full  force  and  virtue. 

In  testimony  whereunto  we  have  this  day  of 

A.  D.  190     ,  set  our  hands  and  seals. 
In  the  presence  of 


[L.   S.] 

[L.  S.] 

[L.  S.] 

[L.  S.] 

[L.  S.] 

296.    Maintenance  Petition  for  the  Use  of  Township  Supervisors. 
To  the  State  Highway  Department : 

Whereas,  The  Supervisors  of  Township, 

County,  are  desirous  of  procuring  State  aid  in  the  mainte- 
nance of  highways  in  said  township ; 

Now,  Therefore,  We  do  hereby  make  application  to  the 
State  Highway  Department,  as  provided  for  in  the  Act  ap- 
proved April  15,  1903,  for  a  share  in  the  apportionment  of  the 
Maintenance  Fund.* 

And  for  the  purpose  of  procuring  such  State  aid,  and  in 
compliance  with  the  requirements  of  said  Act,  we  state  that 
there    are    in    the    said  Township,  County, 

*Note.— To'  be  returned  on  or  before  the  first  day  of  April  in  each  year. 


FORMS.  303 

miles  of  roads  improved  according  to  the  standards 
of  the  State,  the  condition  of  such  roads  being  .  The 

average  annual  cost,  per  mile,  of  maintaining  said  roads  has 
been  Dollars,  ($  ). 

Being  duly  qualified  according  to  law,  we  depose  and  say 
that  the  statements  herein  contained  are  correct,  as  we  verily 
believe. 


Supervisors. 
Sworn  and  subscribed  to  before  me  this  day  of 

,  A.  D.  190     . 


296.    Maintenance  Petition  for  the  ITse  of  Township  Commissioners 

and  County  Commissioners. 
To  the  State  Highway  Department: 

Whereas,  The  Board  of  Commissioners  of  Town- 

ship, County,  is  desirous  of  procuring  State  aid  in 

the  maintenance  of  highways  in  said  township ; 

Now,  therefore,  application  is  hereby  made  to  the  State 
Highway  Department,  as  provided  for  in  the  Act  approved 
April  15,  1903,  for  a  share  in  the  apportionment  of  the  Main- 
tenance Fund.* 

And  for  the  purpose  of  procuring  such  State  aid,  and  in  com- 
pliance with  the  requirements  of  said  Act,  the  said  board  au- 
thorizes the  statement  that  there  are  in  the  said 
Township,  County,  miles  of  roads  improved 

according  to  the  standards  of  the  State,  the  condition  of  such 
roads  being 

The  average  annual  cost,  per  mile,  of  maintaining  said  roads 
has  been  dollars  ($  ). 

*Note.— To  be  returned  on  or  before  the  first  day  of  April  in  each  year. 


304  LAW   OF  TOWNSHIPS   IN    PENNSYLVANIA. 

i 

Being  duly  qualified  according  to  law,  I  hereby  certify  that 

the  statements  herein  contained  are  correct,  as  I  verily  believe. 


President  of  the  Board  of  Commissioners  of  Town- 

ship. 

Attest : 


Clerk  of  the  Board. 
Sworn  and  subscribed  to  before  me  this  day  of 

A.  D.  190     . 


297.     Form  of  Standard  Specifications. 

Commonwealth  of  Pennsylvania — State  Highway  Depart- 
ment. 

MACADAM  AND  TELFORD  SPECIFICATIONS. 

For  a  section  of  Highway  in  Township, 

County,    Commonwealth    of    Pennsylvania,    extending    from 
to  a  distance  of  about  linear  feet, 

feet  wide. 

I.   LABOR  AND   MATERIALS. 

The  contractor  is  to  furnish  all  labor,  materials,  tools  and 
machinery  necessary  to  the  prompt  and  efficient  execution  of 
the  provisions  of  these  specifications ;  all  work  to  be  done  to  the 
satisfaction  of  the  State  Highway  Commissioner. 

2.  PLANS  AND  DRAWINGS. 

The  plans  and  drawings  prepared  by  the  State  Highway 
Department  form  part  of  these  specifications,  and  must  be  fol- 
lowed without  variation,  unless  specially  authorized  in  writing 


FORMS.  305 

by  the  State  Highway  Commissioner.     In  case  of  discrepancy 
between  scale  and  figured  dimensions  the  latter  are  to  govern. 

3.    GRADING. 

The  contractor  shall  do  all  grading,  either  by  cutting  or 
filling  as  the  case  may  be,  and  shall  remove  from  the  highway 
all  trees,  stumps,  roots,  poles,  fences,  walls,  buildings  or  other 
encumbrances  upon  or  in  the  roadway,  and  all  spongy  or  un~ 
stable  material,  replacing  the  same  with  solid  material.  In  all 
cases  where  the  earth  fill  exceeds  one  foot  in  depth,  the  filling 
must  be  deposited  in  layers,  or  courses,  not  exceeding  one  foot 
in  depth,  loose  measurement.  Each  course  shall  be  graded 
across  the  entire  fill  before  starting  another  course.  The  grad- 
ing must  conform  to  stakes  placed  by  the  State  Highway  Com- 
missioner, or  under  his  direction.  The  contractor  is  to  furnish 
the  necessary  material  to  make  the  required  fills. 

The  completed  grade  is  to  have  a  slope  of  one-half  inch  to 
one  inch  to  the  foot  from  the  center  to  the  sides,  according  to 
the  percentage  of  grade  of  the  road,  and  the  side  road  is  to 
conform  to  the  surface  grade  of  the  completed  road  bed,  so 
that  an  unbroken  slope  shall  be  presented  from  the  center  to 
the  shoulders  or  ditches  on  either  side. 

In  rock  cuts  the  rock  must  be  blasted  out  at  least  eight  inches 
below  the  surface  line  of  the  finished  grade  of  the  road.  Rock 
used  in  filling  must  not  come  within  eight  inches  of  the  sur- 
face line  of  the  finished  grade,  and  must  not  be  allowed  to 
nest,  but  must  be  distributed  so  as  to  avoid  pockets, 

4.   SLOPES. 

Slopes  in  solid  earth  must  be  one  foot  horizontal  to  one 
foot  vertical ;  in  sand  or  loam,  one  and  a  half  feet  horizontal 
to  one  foot  vertical;  in  hard  shale,  one-half  foot  horizontal  to 
one  foot  vertical ;  in  rock,  one  foot  horizontal  to  six  feet  ver- 
tical. Where  slopes  are  liable  to  be  washed,  they  shall  be  pro- 
tected by  riprap. 


306  LAW   OF   TOWNSHIPS   IN    PENNSYLVANIA. 

5.    ROADBED. 

The  graded  roadbed  must  be  rolled  until  firm  with  a  roller 
weighing  not  less  than  12,000  pounds  nor  more  than  20,000 
pounds.  Any  depressions  formed  under  such  rolling  must  be 
filled  and  rolled  again,  until  the  sub-grade  presents  a  uniform 
appearance  and  is  identical  in  form  with  the  cross  section  of 
the  road  when  finished. 

6.   MACADAM. 

Only  good  solid  stone  shall  be  used  in  macadamizing.  Bid- 
ders will  name  the  kind  of  stone  they  propose  using  in  said 
work,  and  also  its  location.  On  the  prepared  roadbed  shall  be 
placed  the  bottom  course,  extending  feet  on  each  side 

of  the  center  line,  and  composed  of  stone  not  larger  than  will 
pass  through  a  three-inch  ring  in  all  directions.  After  being 
evenly  spread,  the  course  shall  be  thoroughly  rolled  with  the 
roller  hereinbefore  specified  until  none  of  the  stone  move  under 
the  roller.  All  material  must  be  added  dry,  but  water  must  be 
applied  ahead  of  the  roller.  The  bottom  course  must  be 
inches  deep  after  rolling. 

After  completion  of  the  bottom  course,  the  second  course, 
to  be  inches  deep  after  rolling,  shall  be  applied,  of 

stone  not  larger  than  will  pass  through  a  one  and  a  half-inch 
ring  in  all  directions,  and  rolled  as  previously  directed  until 
firm  and  solid,  water  being  applied  ahead  of  the  roller.  The 
rolling  must  be  done  with  the  utmost  thoroughness  in  both 
these  courses. 

The  finishing  course  shall  be  one  inch  thick,  and  composed 
of  rock  screenings  not  exceeding  one-half  inch  in  diameter. 
It  shall  be  applied  dry  and  rolled  once  before  wetting,  then 
alternate  applications  of  water  and  rolling  until  finally  com- 
pleted, when  the  surface  must  present  a  uniform  appearance 
and  conform  to  the  shape  and  grade  fixed  by  these  specifica- 
tions and  the  accompanying  plans. 


FORMS.  307 

In  all  rolling  the  roller  must  start  from  the  side  lines  of  the 
roadbed  and  work  toward  the  center,  unless  otherwise  directed 
by  the  State  Highway  Commissioner. 

7.    TELFORD. 

Only  good  solid  stone  shall  be  ul«d  in  Telford  construction. 
Bidders  will  name  the  kind  of  stone  they  propose  using  in  said 
work,  and  also  its  location.  On  the  proposed  roadbed  shall 
be  placed  the  bottom  course,  extending  feet  on  each 

side  of  the  center  line,  the  stones  composing  the  course  to  be 
nine  to  twelve  inches  long,  by  three  to  five  inches  wide  and 
inches  deep,  placed  vertically  by  hand  on  their  broad- 
est edges.  Stones  to  be  laid  in  lengthwise  courses  across  the 
road  and  all  interstices  filled  with  broken  stone,  wedged  with 
a  hammer.  All  projecting  points  must  be  broken  off  to  bring 
the  surface  of  the  stone  true  to  grade.  The  course  to  be  thor- 
oughly rolled  with  the  roller  hereinbefore  specified  until  the 
stone  do  not  rock  under  the  roller. 

After  completion  of  the  bottom  course,  the  second  course^  to 
be  inches  deep  after  rolling,  shall  be  applied,  of  stone 

not  more  than  one  and  a  half  inches  in  diameter,  and  rolled  as 
previously  directed  until  firm  and  solid,  water  being  applied 
ahead  of  the  roller.  The  finishing  course  must  be  applied  and 
rolled  the  same  as  for  macadam.  The  rolling  must  be  done 
with  the  utmost  thoroughness  on  each  course. 

8.    CULVERTS   AND   DRAINS. 

Culverts  and  drains  to  be  built  or  laid  at  the  points  and  in 
the  manner  designated  by  the  plans. 

No  stone  to  be  used  in  building  walls  of  culverts  or  wing 
walls,  of  less  rise  than  three  inches,  width  eight  inches  and 
length  twelve  inches.  All  stone  to  be  well  bedded  and  no  stone 
set  on  edge.  Only  best  grades  of  hydraulic  cement  to  be  used, 
one  part  cement  to  two  parts  sand.    All  covering  stones  to  be 


308  LAW    OF   TOWNSHIPS    IN    PENNSYLVANIA. 

free  of  cracks  or  seams,  and  edges  at  joints  to  be  dressed  so  as 
to  fit  tightly  together. 

9.  GUTTERS. 

Gutters  to  be  constructed  in  conformity  with  the  plans.  All 
earth  gutters  shall  be  not  less  than  inches  wide  at  the 

bottom,  with  an  even  grade,  with  no  pockets  or  loose  earth  left 
•n  the  bottom.  All  cobble  gutters  shall  be  made  from  stone  not 
over  inches  longest  diameter,  well  bedded  in  sand  or 

gravel,  laid  with  the  longest  diameter  parallel  with  the  road, 
and  thoroughly  rammed  into  place.  No  rotten  stone  shall  be 
used,  and  stone  broken  in  ramming  shall  be  replaced. 

10.   NO  EXTRAS. 

No  extra  work  will  be  allowed  unless  authorized  in  writing 
by  the  State  Highway  Commissioner  at  a  price  agreed  upon 
before  the  work  is  done.  The  decision  of  the  State  Highway 
Commissioner  shall  be  final  in  all  matters  pertaining  to  the 
construction  of  the  proposed  work. 

II.    LIABILITIES   OF   CONTRACTORS. 

The  contractor  must  keep  the  roadway  open  to  the  public  at 
all  times  during  the  progress  of  the  work,  and  shall  maintain 
sufficient  guards  by  day  and  night  to  prevent  accidents.  The 
contractor  will  be  held  responsible  for  all  damages  to  property, 
personal  injury  or  any  other  damages  that  may  result  by  rea- 
son of  construction. 

The  contractor  is  to  begin  work  within  days  and 

shall  complete  it  within  months  from  the  signing  of 

the  contract,  unless  an  extension  of  the  time  is  authorized  in 
writing  by  the  State  Highway  Commissioner. 

The  contractor  is  to  keep  the  finished  road  in  repair  for  the 


FORMS.  309 

period  of  months   from  its  acceptance  by  the  State 

Highway  Commissioner. 

12.    SUBLETTING   OF   CONTRACT. 

The  contract  is  not  to  be  sublet  unless  with  the  written  ap- 
proval and  consent  of  the  State  Highway  Commissioner. 

13.    BIDS. 

Bids  will  be  received  only  for  the  road  complete,  but  no  bid 
will  be  received  in  which  all  of  the  following  items  are  not 
filled  out.     They  are  designed  for  the  use  of  the  State  High- 
way Department  in  making  estimates  . 
Price  per  cubic  yard  for  earth  excavation,  $ 
Price  per  cubic  yard  for  rock  excavation,  $ 
Price  for  grading,  complete,  $ 
Price  per  cubic  yard  for  macadam  and  laying,  $ 
Price  per  cubic  yard  for  telford  and  laying,  $ 
Price  per  square  yard  for  riprap,  $ 
Price  per  cubic  yard  masonry  in  culverts,  $ 
Price  per  lineal  foot  for  fencing,  $ 
Price  per  lineal  foot  for  tile  drain,  specifying  sizes,  $ 
Price  per  lineal  foot  for  iron  drain,  specifying  sizes,  $ 
Price  per  square  yard  for  cobble  gutters,  $ 
Price  (lump)  for  finished  road,  complete  in  all  details^  accord- 
ing to  plans  and  specifications,  $ 

Each  bid  must  be  accompanied  by  a  bond  in  the  sum  of 
$1,000,  conditioned  upon  the  bidder's  acceptance  of  the  con- 
tract if  awarded  to  him.  After  the  contract  has  been  awarded 
a  new  bond,  with  corporate  security,  must  be  given,  in  a  sum 
equal  to  the  contract  price  of  the  work,  conditional  upon  the 
satisfactory  completion  of  the  same  and  to  save  harmless  the 
State,  County  and  the  Township  or  Townships,  in  which  the 
work  may  lie,  from  any  expense  incurred  through  the  failure 
of  said  contractor  to  complete  the  work  as  specified,  or  for  any 


3IO  LAW    OF   TOWNSHIPS   IN    PENNSYLVANIA. 

damages  growing  out  of  the  carelessness  of  said  contractor, 
his  or  its  servants. 

The  right  is  reserved  to  reject  any  or  all  bids. 

Bids  to  be  received  by  the  State  Highway  Department  not 
later  than 

14.  ESTIMATES  AND  QUANTITIES. 

The  following  estimates  are  the  result  of  calculation  but 
are  not  to  be  taken  as  exact.    The  contractor  must  himself  be 
responsible  for  the  data  upon  which  he  bases  his  bid. 
Cubic  yards  earth  excavation, 
Cubic  yards  rock  excavation, 
Cubic  yards  macadam, 
Cubic  yards  telford. 
Square  yards  of  riprap. 
Cubic  yards  masonry  in  culverts, 
Lineal  feet  fencing, 
Lineal  feet  inch  tile  drain, 

Lineal  feet  inch  iron  drain. 

Square  yards  cobble  gutters. 


298.    Form  of  Bid. 

Bid   of  address,  for   Road   in 

County,  Township. 

To  the  State  Highway  Commissioner,  Harrisburg,  Pa. : 

Dear  Sir: 

I  hereby  propose  to  construct  a  section  of  highway  in 
County,  Township,  about  linear 

feet  in  length  feet  wide,  for  the  sum  of  Dol- 

lars ($  ),  for  the  finished  road  complete  in  all  par- 

ticulars, in  accordance  with  the  plans  and  specifications  pre- 
pared by  the  State  Highway  Department. 

I  accompany  this  bid  with  bond  in  the  sum  of  ONE  THOU- 
SAND Dollars  ($1,000),  the  sureties  thereon  being 


FORMS. 


311 


For  the  purpose  of  comparison  and  estimates  I  submit  the 
following  itemized  statement : 


. .  lineal  feet . 
, .  lineal  feet . 
. .  lineal  feet . 
.  .  lineal  feet . 
. .  lineal  feet . 
. .  lineal  feet . 
. .  lineal  feet . 


Ittms  not       Items 
specified  inspeeified  in 
specifica-     specifica- 
tions, tions. 


.  cubic  yards  earth  excavation, .  .  at  $ 
.  cubic  yards  rock  excavation,  . .  at  $ 

.  cubic  yards  macadam, at  $ 

.cubic  yards  telford, at  $ 

.  square   yards   riprap at  $ 

,  cubic  yards  masonry  in  culverts,  at  $ 

.  lineal   feet  fencing, at  $ 

.  lineal  feet ....  inch  tile  drain, . .  at  $ 
.  inch  tile  drain, . .  at  $ 
.  inch  tile  drain, .  .  at  $ 
.  inch  tile  drain, .  .  at  $ 
.inch  iron  drain, .at  $ 
.inch  iron  drain, .at  $ 
.inch  iron  drain, .at  $ 
.inch  iron  drain, .at  $ 
square  yards  cobble  gutters, . .  at  $ 

Price  for  grading  complete, 

AMOUNT  OF  LUMP  BID, .... 
The  stone  I  propose  using  in  the  construction  is 
from  quarry. 

Signature   of   Bidder, 

Address, 


$. 
$. 
$. 
$. 
$. 
$. 

$. 
$. 
$. 

$. 
$. 
$. 
$. 
$. 
$. 
$. 
$. 


Note. — The  State  Highway  Department  will  not  receive  or  consider  any 
bid  in  which  all  of  the  foregoing  items  are  not  filled  out.  The  column 
headed  "Items  Specified  in  Specifications,"  must  aggregate  the  amount  of 
the  lump  bid.  Prices  stated  in  the  other  column  will  be  used  in  case  it  is 
found  necessary  during  the  progress  of  the  work  to  include  details  not 
foreseen  when  the  plans  and  specifications  were  prepared.  No  bid  unac- 
companied by  bond  will  be  given  consideration.  Bidders  will  name  the  kind 
of  stone  they  propose  using  in  said  work,  and  also  its  location. 


APPENDIX. 


LIST  OF  SPECIAL  ACTS  RELATING  TO  TOWNSHIPS  IN  THE 
SEVERAL  COUNTIES. 

References  in  bold  face  type  designate  the  year  in  which  the  Act 
was  passed  and  are  followed  by  the  page  of  the  Pamphlet  Laws  on 
which  the  Act  may  be  found.  Ch.  indicates  the  Chapter  in  Smith's 
Juaws  in  which  an  Act  may  be  found,  this  system  having  been 
adopted  as  Smith's  Laws  are  accessible  to  a  greater  number  than  the 
original  session  laws. 

When  an  unrepealed  law  affects  one  of  the  older  counties,  the 
same  law  would  be  operative  in  a  county  subsequently  erected  from 
the  older  coiinty. 


ADAMS  COUNTY. 


Organized  from  a  part  of  York  County,  January  22,  1800. 
Chapter  2086. 

BUFFALO  TOWNSHIP  divided  '47-398 

BUTLER  TOWNSHIP— Polling  places  fixed  '50-173,  '52-238 

Snaring  rabbits  prohibited  '63-414 

Protection  of  trees  '63-414 

Bounty  tax  authorized  '68-930 

CATTLE  '34-537 

COLLECTORS  '70-1179 

CONEWAGO  TOWNSHIP 

Land  of  D.  Geiselman  annexed  to,  for  school  purposes  '63-257 

CUMBERLAND  TOWNSHIP— Special  tax  authorized  '74-470 

Tax  authorized  to  pay  bounty  debts  '67-1172,  '69-1226 

DIRECTORS  OF  THE  POOR 

Election  and  duties  of  Ch.  4415,  '40-245,  '42-312 

Compensation  of  Act  of  March  24,  '17,  repealed  '87-53 


314  APPENDIX. 

Adams  County — Continued. 

ELECTIONS  REGULATED  '55-99 

FENCES  '34-537 

FOOT  WALKS— Construction  and  protection  of  '63-172 
FREEDOM  TOWNSHIP— Surplus  bounty  money  to  school  fund  '67-1159 
GERMANY  TOWNSHIP 

Land  of  William  McSherry,  Act  of  March  4,  '65,  repealed  '69-195 

Levy  of  bounty  taxes  legalized  '69-705 

Farm  of  Daniel  Sell  Act  of  April  8,  '67,  repealed  '83-86 

HAMILTON  TOWNSHIP— Polling  place  fixed  '42-322 

Sale  of  school  house  '50-58,  '52-568 

Re-audit  of  bounty  accounts  '68-118 

HAMPTON— Separate  District  '50-151 

HUNTINGDON  TOWNSHIP— Polling  place  fixed  '56-109 

Audit  of  bounty  accounts  '69-1005 

LATIMORE  TOWNSHIP— Acceptance  of  common  school  law              '38-594 

Polling  place  changed  '56-109 

Bounty  tax  authorized  '66-548,  '67-1172,  '68-895 

Supervisors'  pay  fixed  '69-1051 

Audit  of  bounty  accounts  '69-1005 

MENALLEN  SCHOOL  DISTRICT— Bounty  tax  authorized  '68-950 

MOUNT  PLEASANT  TOWNSHIP— Polling  places  fixed  '42-44 

ORCHARDS- Protection  of  '54-430 

OVERSEERS  OF  POOR  abolished  Ch.  4415 

POOR  HOUSE— Erection  of  Ch.  4415,  '40-245,  '42-312 

READING  TOWNSHIP— Duties  of  Assessors  '50-151 

Boundaries  enlarged  '53-589 

Polling  places  fixed  '50-88,  '62-143 

ROADS— Damages  for  opening  '47-129,  '59-508 

ROAD  VIEWERS— Pay  fixed  '45-184 

SCHOOL  TAX— To  regulate  the  collection  of  '68-960,  '72-1036 

SIDEWALK — Construction  and  protection  of  '63-172 

STRABAN  TOWNSHIP— Disposition  of  surplus  bounty  '68-673 

STRAYS  '34-537 

TAX,  SCHOOL— To  regulate  collection  of  '68-960,  '72-1036 

TAXES— Prompt  collection  of.     See  1901-396  '70-1179 

TRESFASiS  on  orchards,  etc.  '54-430 

VERDICTS— Judgments  on  certain,  validated  '42-213 

YOUNG  TIMBER— Protection  of  '63-414 


LIST  OF  SPECIAL  ACTS.  315 


ALLEGHENY  COUNTY. 

Organized  from  parts  of  Westmoreland  and  Washington  Counties,  Sep- 
tember 24,  1788.    Ch.  1348. 

ASSESSMENT  OF  TAXES— See  Taxes  '50-707,  '54-571 

ASSESSORS— Compensation  of  '64-863,  '67-1096 

Assistants,  compensation  of  '68-880 

Election  of  '29-77 

To  make  returns  by  February  15th  '69-981 

BALDWIN  TOWNSHIP— Separate  election  district  '44-243 

J3oimty  tax  authorized  '65-355 

Collection  of  school  taxes  regulated  '52-245,  '70-618 

BELLEVUE  TOWNSHIP— School  loan  authorized  '70-300 
School  per  capita  tax                Act  of  March  17,  '68,  repealed  '71-1239 

CATTLE  prohibited  from  running  at  large.    See  Strays  '62-496 

CEKTIOKARI  in  road  cases,  effect  of  '69-1235 

CHAKTIEKS  TOWNSHIP— Erection  of  '51-457 

Polling  places  fixed  '54-107 

Bounty  tax  authorized  '65-355 

Koads                                        Act  of  March  20,  '62,  repealed  '66-1000 
Sidewalks                                                               '69-625,  Rep.  1901,  131 

Sale  of  liquors  regulated  '69-407 

COLLINS  TOWNSHIP— Polling  places  fixed  '51-42 

Election  and  qualification  of  supervisors  and  overseers  '51-149 

Assessment  and  collection  of  road  taxes  '64-875 

Bounty  tax  authorized  '65-213 

Improvement  of  Highland  Avenue  '65-606,  '66-573 

Sidewalks — Pay  of  Supervisors  and  Auditors  '67-896 
Part  of  Lawrenceville  &  Sharpsburg  Passenger  Railway  vacated  '68-791 

School  loan  authorized  '53-386,  '68-907 

To  ascertain  interest  in  Allegheny  County  House  '71-1139 

CONSTABLES 

Eligible  to  re-election  '27-24,  '32-148 

To  commit  paupers  '59-418 

COUNTY  COMMISSIONERS 

Bridges,  certain,  repair  of  '45-53,  '51-536 

County  '72-683,  '73-471 

County  bridges,  construction  of  approaches  to  '72-683 


3l6  APPENDIX. 

Allegheny  County — Continued. 
COURTS 

Tolls  to  be  fixed  by  Ch.  4110 

Townships,  name  of  may  be  changed  '35-291 

CRESCENT  TOWNSHIP— Ferry  authorized  over  Ohio  River  '72-420 

DEER  TOWNSHIP— Election  of  two  constables  '36-307 

DELINQUENT  TAXES— Collection  of  '64-310 

DIRECTORS  OF  THE  POOR— Election  of  '41-263,  '53-646,  '70-1205 

Purchase  of  farm  '53-104 

Powers  and  duties  of  '41-263,  '53-12,  104,  '55-243,  '59-418 

To  seize  property  in  case  of  wife  desertion  '59-418 

Relief  of  paupers  '64-760 

DISORDERLY  CONDUCT— Two  Justices  of  the  Peace  to  hear  cases  '68-971 

DISPUTED  BOUNDARIES-^Settlement  of  '63-499 

DOG  TAX  '44-513,  '51-541 

DOGS— Registry  of  '54-286 

DRAINAGE  of  wet  lands  '70-197 

DRUNKENNESS— Hearing  before  two  Justices  of  the  Peace             '68-971 

EAST  DEER  TOWNSHIP— Polling  place  changed  '61-600 

Bounty  tax  authorized  '65-213 

School  loan  authorized  '68-474 

Acts  of  Bounty  Committee  legalized  '69-575 

A  vote  for  and  against  liquor  licenses  authorized  '72-804 

EATING  HOUSES  regulated  '67-509 

ELECTION  OFFICERS- Compensation  of,  fixed  '32-416,  '72-158 

ELECTION  PRECINCTS  defined  '68-234 

ELECTIONS  regulated  '64-322 

ELIZABETH  TOWNSHIP— Additional  tax  authorized  '46-460,  '47-425 

School  Directors  to  sell  real  estate  '52-472 

Election  of  Supervisors  '61-71,  '63-135,  '69-748 

Roads  Act  of  April  5,  '71,  rep.  '79-58 

Sale  of  liquor  prohibited  '71-815 

FAWN  TOWNSHIP— Bounty  tax  authorized  '65-279 

School  loan  authorized  '67-1208 

FAYETTE  TOWNSHIP— Special  road  tax  '23-270,  '25-101 

FINLEY  TOWNSHIP— Independent  School  District  '51-457 

New  election  district  erected  '52-488 

New  school  district  erected  '52-531 

Bounty  tax  authorized  '65-258 

Hunting  game  prohibited  '68-274 

Sale  of  liquor  prohibited  '69-456 


LIST  OF  SPECIAL  ACTS.  31/ 

Allegheny  County — Continued. 

J^•KAJSKL1JM  TUWJN SHIP— Cash  road  tax,  Act  April  1,  '34,  repealed  '46-239 
Boundaries  enlarged  '46-227 

FRUIT— Protection  of  '53-387,  '60-362 

Small,  to  provide  for  sale  of  by  producers  '74-403 

GARDENS— Protection  of  '60-362 

HAMPTON  TOWNSHIP— Bovinty  tax  authorized  '68-258,  '69-606 

Annexation  of  land  to  McCandless  Township,  Act  March  21, 

'65,  rep.  '83-14 

HARRISON  TOWNSHIP— School  loan  authorized  '67-663 

Protection  of  sheep  and  taxing  of  dogs  '72-640 

A  vote  for  or  against  liquor  licenses,  authorized  '72-804 

HOGS — See  Swine 

HORSES— Prohibited  from  running  at  large  '62-496 

INDIANA  TOWNSHIP- Polling  places  fixed  '49-589 

Election  of  Supervisors  '52-147,  '58-30 

Bounty  tax  authorized  '65-213 

Enlargement  of  Lower  Guysuta  Island  '70-780 

Part  of  road  tax  applied  on  Sharpsburg  and  Kittaning  T.  R.     '71-968 
Roads  Act  of  April  27,  '71,  repealed  '75-63 

JEFFERSON  TOWNSHIP— Sale  of  liquor  prohibited.     Act  of  May 

13,  '71,  repealed  '91-210 

KILLBUCK  TOWNSHIP— School  loan  authorized  '69-1179 

Roads  and  bridges  '70-644 

A  vote  for  or  against  liquor  licenses,  authorized  '72-804 

Issue  of  liquor  licenses  to  be  prohibited  '70-1116 

School  Treasurer  authorized  to  collect  school  tax  '73-312 

JElection  and  duties  of  Supervisors  '73-727 

LEET  TOWNSHIP— Maintenance  of  roads  '70-328 

Issue  of  liquor  licenses  prohibited  '70-1116 

LIBERTY  TO WNiSHlP— Construction  of  sidewalks  '67-1282 

To  ascertain  interest  in  Allegheny  County  Home  '71-1138 

LICENSE— Mercantile,  granting  of  '47-495,  '49-589 

To  allow  voters  of  certain  townships  to  vote  for  or  against      '72-804 

LINCOLN  TOWNSHIP— Sale  of  liquor  prohibited,  '71-815,  Glassport 

excepted  '03-540 

School  Directors  authorized  to  levy  special  tax  '70-495 

Pay  of  Supervisors  Act  of  April  10th,  '73,  repealed  '79-86 

LOWER  ST.  CLAIR  TOWNSHIP— Election  of  William  Wilson, 

Justice  of  the  Peace,  validated  '48-10 

Annexed  to  South  Pittsburg  '48-106 

Polling  places  fixed  '53-10 


3l8  APPENDIX. 

Allegheny  County — Continued. 

Boardwalks,  penalty  for  injuring  '54-328 

Scott  Township  line  changed  '62-91 

Supervisors,  election  and  duties  of  '62-140,  '72-346 

Roads— Act  of  February  21,  '62,  repealed  '63-168 

Bounty  tax  authorized  '65-213 

Additional  school  tax  authorized  '70-358 

Additional  tax                              Act  of  March  8,  '70,  repealed  '70-958 

But  one  Supervisor  to  be  elected  '72-346 
MARSHALL  TOWNSHIP— Bounty  fund  transferred  to  school  fund  '67-521 

M'CANDLESS  TOWNSHIP— Polling  places  fixed  '51-427,  '52-446 
Annexation  of  land  of  Benjamin  Herr.      Act  of  March  21,  '65, 

repealed  '83-14 
M'CLURE  TOWNSHIP— Bounty  tax  authorized           '55-379,  '65-279,  381 
Election  and  duties  of  Supervisors  '65-381 
Annexed  to  Allegheny  City                               '67-979,  '70-562,  '73-787 
School  loan  authorized  '69-497 
M'NAIR'S  TOWNSHIP— Polling  places  fixed  '51-42 
MIFFLIN  TOWNSHIP— Roads,  repair  of,  by  contract  '52-150 
Road  tax,  payment  of  '32-151 
Election  of  Treasurer  '53-427 
Erection  of  town  hall  '56-268 
Bounty  tax  authorized  '65-279 
Supervisors,  additional  '66-598 
And  duties  of  '36-307 
To  regulate  sale  of  liquors  '73-576 
To  prohibit  sale  of  liquors  '71-815 
MOON  TOWNSHIP— Polling  places  fixed  '55-45 
Election  of  Supervisors  '57-131 
Bounty  tax  authorized  '65-355 
Roads  and  bridges                          Act  of  May  11,  '71,  repealed  '87-103 
Erection  of  new  election  district  '52-488 
Hunting  game  prohibited  '68-274 
MOORE  TOWNSHIP— Independent  School  District  '51-457 
NEVILLE  TOWNSHIP— Polling  places  fixed  '54-357 
Bounty  tax  authorized  '66-5 
School  loan  authorized  '71-839 
NORTH  END  DISTRICT— Erection  of  '71-304 
NORTH   PENN  TOWNSHIP— Issue    of    liquor    licenses  for,   pro- 
hibited '70-1116 
NORTH  VERSAILLES  TOWNSHIP— Liquor  licenses,  popular  vote 

authorized  '72-804 


LIST  OF  SPECIAL  ACTS.  3 19 

Allegheny  County — Continued. 

OAKLAND  TOWNSHIP— Sidewalks  '67-1179 

To  ascertain  interest  in  Allegheny  County  Home  '71-1138 

OHIO  TOWNKHIP— Election  of  Treasurer  '53-427 

Polling  places  fixed  '54-170 

Hoimty  tax  authorized  '65-279 

OVERSEERS  OF  POOR— To  give  official  bond  '53-217 

Abolished  '41-267 

Compensation  of  '56-48 

PATTON  TOWNSHIP— Polling  places  fixed  '49-589,  '51-422 

Liquor  licenses  '69-1022 

PAUPERS — Care  and  employment  of.    See  Constables 

'41-265,  '53-12,  104,  '64-760 

Disposal  of  dead  bodies  of  '67-497 

PEEBLES  TOWNSHIP— To  ascertain  interest  in  Allegheny  County 

Home  '71-1138 

Polling  place  fixed  '40-340 

PENN  TOWNSHIP— Bounty  tax  authorized  '65-279 

iSchool  tax  authorized  to  build  town  hall  '73-668 
Roads                                             Act  of  March  18,  '69,  repealed  '81-14 

Issue  of  license  for,  prohibited  '70-1116 

PINE  TOWNSHIP— Polling  place  fixed  '51-427 
Repairs  of  roads                                                 '53-326,  repealed  '63-168 

Bounty  tax  authorized  '65-279 

Liquor  licenses,  popular  vote  authorized  '72-804 

PITT  TOWNSHIP— Duties  of  Auditors  '44-86-245 

Duties  of  Supervisors  '44-85,  '46-468 

Regulating  expenses  of  roads  and  poor  '59-422 

Poorhouse,  erection  of  '59-418 

Roadways  '44-86 

Middle  Street  changed  to  Madison  Street  '64-129 

Duties  of  Supervisors  '41-244 

Bounty  tax  authorized  '65-213 

Treasurer  to  give  bond  and  collect  taxes  '41-244,  '57-224 

To  ascertain  interest  in  Allegheny  County  Home  '71-1138 

PITTSBURG 

Birmingham  Township — Polling  place  fixed  '42-54 

Reserve  Township — Polling  places  fixed  '50-414 

Part  annexed  to  Allegheny  City  '67-979,  '72-926 

Long  Lane — Part  vacated  '55-403 

Reserve  and  McClure  Townships — Erected  into  City  Districts  '71-304 


320  APPENDIX. 

Allegheny  County — Continued. 

Ross  Township — Part  of  Cross  Cut  Street,  vacated  '57-281 

Versailles  Township — Polling  places  fixed  '50-88 

PLUM  TOWNSHIP— Polling  place  fixed  '49-589 

POLLING  PLACES  designated  '68-234 

POOR  DIRECTORS— See  Directors  of  the  Poor 

POOR — Guardians  of,  indenture  of  children  without  parents,  by       '73-773 

POOR  HOUSE— Erection  of.     See  Insane  '41-262,  '53-104 

REGISTRY  OF  DOGS  '54-286 

RENTS,  GROUND— Exempt  from  taxation  '71-868 
RESERVE  TOWNSHIP— Annexation  to  Allegheny  City,  of  part  of 

'67-979,  '72-926 

Auditors  not  to  be  paid  out  of  township  funds  '68-917 

Election  district  separate  '49-391 

Incorporated  into  a  borough  '49-390 

Part  of  Long  Lane  vacated  '55-403 

Lowrie  Street,  opening  of  '71-961 

Polling  place  fixed  '44-573 

Poor,  expenses  of  '48-226 
Roads,  expenses  of                                    '48-226,  '53-259.     See  '01-389 

Separate  election  district  '49-391 

School  District.     See  Allegheny  City  '69-624,  '70-327 

Sidewalks  '70-605 

School  loan  authorized  '70-327 

Supervisors,  pay  of  oQicial  bond  of  '53-259 

RESTAURANTS,  regulated  '67-509 
RICHLAND  TOWNSHIP— 

Popular  vote  on  new  township  authorized  '60-741 

Popular  vote  on  liquor  licenses  authorized  '72-804 

ROAD  TAX— One-half  to  be  worked  before  September  1st  '30-27 

ROAD  VIEWERS— Appointment  and  duties  of  '45-52,  '67-1108 

Compensation  fixed  '66-227,  '72-669 

ROBINSON  TOWNSHIP— Election  of  officers  '69-195 

Collection  of  taxes  '51-559,  '66-195,  '67-345 

Hunting  game  prohibited  '68-274 

Police  district  created  '70-881,  '71-985 

Sale  of  liquors  '69-407 

Sidewalks  '69-625 

School  Directors  to  erect  a  lock-up  '71-985 

ROiSS  TOWNSHIP— Election  of  Supervisors  '34-108 

Levy  of  road  tax  '29-78 

Land  of  Martha  S.  Irwin  annexed  '64-876 


LIST  OF  SPECIAL  ACTS.  321 

Allegheny  County — Continued. 

liounty  tax  authorized  '65-279 

iScliool  loan  authorized  '71-1299 

SAINT  CLAIR  TOWNSHIP— Election  of  constables  and  other  officers  '23-53 
Election  of  Supervisors,  Assessors  and  Auditors  '31-484,  '32-151 

Repair  of  roads  Act  of  April  8th,  '33,  repealed  '35-14 

Disorderly  persons,  prosecution  of  '71-1039 

SCHOOL  DIRECTORS— Term  of  office  '66-492 

Authorized  to  levy  bounty  taxes  '66-719 

May  condemn  land  for  school  sites  '64-411 

SCHOOLS  FOR  POOR  CHILDREN  regulated  Ch.  5023 

SCOTT  TOWNSHIP— Lower  St.  Clair  Township  line  changed  '62-91 

Supervisors,  election  and  duties  of  '62-140 

Bounty  tax  authorized  '65-258 

Hunting  game  prohibited  '68-274 

Election  of  Supervisors  and  maintenance  of  roads — Obstructing 

Highway  '69-398 

Sale  of  liquors  regulated  '69-407 

tSidewalks  '69-625,  rep.  '01-131 

Better  prosecution  of  disorderly  persons  '71-1268 

Pittsburg  and  Noblestown  Plank  Road — Location  changed       '72-684 

SEWICKLEY  TOWNSHIP— Polling  place  fixed— Election  of  Treas- 
urer '54-194,  353 

SHADE  TREES— Planting  of  '73-823 

SHALER  TOWNSHIP— Bounty  tax  authorized  '65-301 

Boundaries  changed  '71-941 

SNOWDEN  TOWNSHIP— Collection  of  school  taxes  '51-559 

Bounty  tax  authorized  '66-483 

SOUTH  FAYETTE  TOWNSHIP— Additional  Supervisors,  election  of  '69-383 
Sale  of  liquor  regulated  '69-407,  '70-1116 

Popular  vote  on  liquor  licenses  '72-804 

STRAYS — Advertisement  and  sale  of.     See  Cattle  Ch.  4680 

SUPERVISOR— Duties  of  Act  of  March  15,  '32,  repealed  '36-307 

May  appeal  from  action  of  Auditors  '30-26 

To  give  official  bond  '53-217 

Pay  fixed  '64-863 

SURVEYORS,  ROAD— Pay  fixed  '66  227 

Pay  of,  increased,  when  witnesses  '70-1030,  '72-669 

And  Civil  Engineers  for  County,  to  be  appointed  by  Court        '73-155 
Duties  of  '73-155 

SWAJMPS — Drainage  of  '70-197 

SWINE — Prohibited  from  running  at  large  '62-496 


322  APPENDIX. 

Allegheny  Ckiunty — Continued. 

TAX  COLLECTORS— Compensation  of  '64-863 

TAXES — To  be  a  lien  on  real  estate  '44-199 
Collection  of                                       '54-571,  '61-230,  390,  450,  '64-316 

On  sales  of  stock  repealed  '67-1313 

TOWN  CLERK— Appointment  of  Ch.  4680 

TOWNSHIPS— Names  may  be  changed  by  Court  '35-291 

TRESPASS— By  cattle,  and  damage  by  Ch.  2981 

On  orchards,  etc.  '53-387,  '60-362 

UNION  TOWNSHIP— Hunting  game  prohibited  '68-274 

Poot  walks  '68-274,  '69-625 

Liquor  licenses  '69-407 

School  loan  authorized  '71-979 

UNSEATED  LANDS— Collection  of  taxes  on  Act  of  May   1,   '61, 

repealed  '63-528,  '64-316 

UPPER  ST.  CLAIR  TOWNSHIP— School  taxes  '52-646 

Bounty  tax  authorized  '65-279 

Bounty  fund  transferred  to  school  fund  '67-917 

Powers  and  duties  of  road  Supervisors  defined  '73-158 

VAGRANTS— Employment  of  '59-624 

Magistrates'  costs  '61-457 

VERSAILLES  TOWNSHIP— Additional  school  tax  '49-480 

Polling  place  fixed  '54-272 

Per  capita  school  tax  '65-222 

Sale  of  liquor  prohibited  '70-1116,  '71-815 

VIEWERS,  ROAD— Compensation  fixed  '66-227,  '72-669 

Appointment  and  duties  of  '45-52,  '76-1108 

WEST  DEER  TOWNSHIP— Election  of  Supervisors  and  repair  of 

roads  '70-191 

Powers  of  Supervisors  to  levy  taxes  '79-678 

Popular  vote  on  liquor  licenses  authorized  '72-804 

Protection  of  sheep  and  taxing  of  dogs.    Act  of  March  9,  '72, 

repealed  '78-51 

WET  LANDS— Drainage  of  '70-197 

WILKINS  TOWNSHIP— Polling  place  fixed  '51-42 

Bounty  tax  authorized  '65-355 
Rates  and  levies                           Act  of  April  15,  '34,  repealed  '69-978 

Roads                                               Act  of  April  27,  '71,  repealed  '78-24 
Issue  of  license  for,  prohibited                    '70-1116,  rep.  as  to 

East  Pittsburg  formerly  a  part  of  '95-254 


LIST  OF  SPECIAL  ACTS.  323 


ARMSTRONG  COUNTY. 

Organized  from  Allegheny,  Westmoreland  and  Lycoming  Counties,  March 
12,  1800.     Ch.  2119. 

ALLEGHENY  TOWNSHIP— Separate  election  district  '49-560 

Polling  place  fixed  '50-414 
(Separate  election  district         Act  of  March  16,  '47,  repealed  '50-414 

Additional  Supervisor  authorized  '61-41 

Election  of  School  Directors  and  Supervisors  '67-477 

Minimum  road  tax  of  two  days'  work  '67-68.5 

Additional  road  tax  '68-599 

Overseers  of  Poor  and  Assistant  Assessors,  election  of  '70-187 

ALMSHOUSE— See  Poorhouse 

ASSESSORS— Pay  fixed.   See  Taxes  '65-635 

Duties  of,  in  relation  to  extra  assessments  '73-359 

BRIDGES  AND  ROADS  '54-561 

BUFFALO  TOWNSHIP— See  North  Buffalo,  South  Buffalo. 

Election  of  Constable  '31-113 

Division  of  '47-398 

BURRELL  TOWNSHIP— Polling  place  fixed  '55-5 

Acts  of  County  Commissioners  legalized — Bounties  '68-546 

COLLECTORS — See  Taxes 

CONSTABLES— Duties  of  in  relation  to  collection  of  taxes  '73-358 

Costs  to  be  paid  before  appeal  taken  '73-126 

COWANSHANNOCK  TOWNSHIP— Separate  election  district  '49-60 
Supervisors                                     Act  of  April  8,  '67,  repealed  '69-230 

DAMAGES — See  Road  Damages 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '71-832 

DOG  TAX  Act  of  April  20,  '54,  repealed  '55-30 

Authorized  '67-691,  '68-403,  '70-1107.    See  '99-251 

DRAINAGE  of  swamps  and  mines  '68-438 

ELECTION— Time  of  holding  '45-46 

Regulation  of  '69-205 

FENCES— Act  of  March  27,  1784,  repealed.        See  Act  of  May  31,  '93-185 

FRANKLIN  TOWNSHIP— Polling  places  fixed  '44-77 

Duties  of  Supervisors  '48-429 

FRUIT  AND  GARDENS— Protection  of  '53-491 

INDEPENDENT  SCHOOL  DISTRICT— At  Mellville. 

Act  of  April  4,  '66,  repealed  '85-183 

At  Milton  '51-142 

21 


324 


APPENDIX. 


Armstrong  County — Continued. 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

Election  of  '45-528 

KliSKlMINETAS  TOWNSHIP 

Election  and  pay  of  Supervisors  '70-406 

KiTTANNING  TOWNSHIP. 

Election  of  Justices  of  the  Peace  '43-'60,  104,  380 

Election  of  school  directors  and  supervisors  '69-427 

Act  relating  to  supervisors,  May  24,  '71,  repealed  '72-129 

LAND— Drainage  of  '68-438 

MANOR  TOWNSHIP— Separate  election  district  '50-110 

Erection  of  poor  house  '71-832 

MILLVILLE  SCHOOL  DISTRICT  Act  repealed  '85-183 

MILTON  INDEPENDENT  SCHOOL  DISTRICT— Location  of  '51-142 

Erection  of  '50-186 

NORTH  BUFFALO  TOWNSHIP— Erection  of.     See  Buffalo  '47-398 

Polling  places  changed  '70-60 

Election  of  supervisors.  Act  of  March  24,  '71  repealed  '78-36 

ORCHARDS— Protection  of  '53-491 

PAUPERS — Care  and  employment  of  '71-832 

PERRY  TOWNSHIP— Boundaries  enlarged  '43-51 

Annexation  of  land  Act  of  March  11,  '50,  rep.  '57-359 

PINE  TOWNSHIP— Polling  places  fixed  '42-333 

Farm  of  John  Koumerduion  annexed  to  '53-184 

School  directors  of,  to  pay  county  indebtedness  '69-573 

PLUM  CREEK  TOWNSHIP— Supervisors  to  open  a  certain  road  in  '49-396 

Four  supervisors  authorized  '54-146 

POOR  HOUSE— Erection  of  '71-832 

RED  BANK  TOWNSHIP— Polling  places  fixed  '44-14,  76 

Auditors'  pay,  misdemeanors,  supervisors,  road  tax,  township 

treasurer,  unseated  land  tax  '68-207,  repealed  '01-104 

ROAD  COMMISSIONERS— Election  of  '46-265 

ROAD  DAMAGES  '27-326 

ROAD  VIEWERS— Number,  qualification  and  duties  of  '60-52 

ROADS  AND  BRIDGES  '47-129,  '54-561 

SCHOOLS— Dog  tax  authorized  for.     See  Dog  Tax  '70-1107 

SHEEP— To  improve  breed  of.     See  Dog  Tax  '45-476 

Damages  '67-691,  '68-403,  repealed  '99-251,  see  '01-56 

SOUTH  BUFFALO  TOWNSHIP— Erection  of.     See  Buffalo  '47-398 

Election  of  supervisors.  Act  of  March  24,  '71,  repealed  '78-36,  '81-104 


LIST  OF  SPECIAL  ACTS.  325 

Armstrong  County — Continued. 

SUGAR  CREEK  TOWNSHIP— Separate  election  district  '44-574 

Part  annexed  to  Perry  To\vnsliip  '43-51,  '57-359 

SUPERVISORS— Pay  fixed  '65-635 

SWAMPS— Drainage  of  '68-438 

SWINE— Act  of  March  27th,  1784  repealed.  See  Act  of  May  31,  1893. 

TAXES  to  be  collected  by  County  Treasurer. — See  Assessor 

'73-357,  '85-204,  1st  repealed  '95-239 
TOWNSHIP  AUDITORS— Compensation  of  '73-180 

Election  of  '56-418 

VALLEY  TOWNSHIP— Erection  of  poorhouse  '71-832 

Polling  places  fixed  '64-649 

VIEWERS — (Road  and  Bridge.)     Nxunber,  qualifications  and  duties 

of  '60-52 

WAYNE  TOWNSHIP— Polling  places  fixed  '50-88 

School  directors  to  le\'y  tax  and  pay  bounties  '73-641 


BEAVER  CGITNTY. 

Organized  from  Allegheny  and  Washington  Coimties,  March  12,  1800,  Ch. 

2119. 

ALMSHOUSE^See  Poorhouse. 

BIG  BEAVER  TOWNSHIP— Sale  of  lots  of  Commonwealth 

Ch.  3377,  '26-350 

To  elect  four  supervisors  '45-21 

Erection  of  '50-107 

Darlington  Township  road  law  extended  to  '70-705 

Roads  and  supervisors  '71-152 

Popular  vote  on  act  relative  to  roads  '72-855 

BOROUGH  TOWNSHIP— Preservation  of  game  '46-172 

'School  loan  authorized  '62-251 

Bounty  tax  authorized  '64-514,  '65-402 

Part  annexed  to  Bridgewater  Borough  '68-390,  1118,  '69-246 

BRIGHTON  TOWNSHIP— Election  of  supervisors  '36-97 

Separate  from  Fallstown  Borough  '31-24 

Separate  School  District  '38-612 

Preservation  of  game  '46-172 

Certain  lanes  vacated  '71-316,  '72-598,  798 

Certain  streets  vacated  '72-598 

Caucuses  regulated  '79-76 


326  APPENDIX. 

Beaver  County — Continued. 

CHIPPEWA  TOWNSHIP— Election  of  supervisors  '42-125 

Lands  annexed  to  Patterson  township  '69-1227 

CONSTABLES— Eligibility  to  re-election  '30-117 

Duties  of  in  relation  to  collection  of  taxes  '53-5 

DARLINGTON  TOWNSHIP— To  prevent  cattle,  etc.,  from  running  at 

large  '67-1071 

Election  of  Justices  of  the  Peace  '47-136 

Land  of  D.  A.  McKean  annexed  to  Little  Beaver  School  Dis- 
trict, Lawrence  Coimty  '68-1067,  '70-317 
Roads  and  Supervisors  '71-152,  '72-855 
Roads                  Act  March  3,  '70,  and  Mar.  31,  '70,  repealed  '73-339 
Repealed  1901-193 
DIRECTORS  OF  THE  POOR— 

Election  and  duties  of  '44-277,  '51-260,  '52-280 

Authorized  to  sell  land  '57-160,  repealed  '01-193 

Pay  fixed  '66-224,  repealed,  '01-193 

DOGS— Relative  to  '68-238 

ECONOMY  TOWNSHIP— Two  election  districts  '44-578 

Erection  of  '51-311 

Sale  of  liquor  prohibited  '67-440 

ELECTIONS— Mode  of  voting  Act  of  May  5,  '54  repealed  '56-292 

FINES,  PENALTIES  AND  FORFEITS- Certain,  to  be  applied  to 

road  repairs  '44-281 

FRANKLIN  TOWNSHIP— Erection  of  '50-106 

Elections  regulated  '68-513 

FRUIT- Protection  of  '53-387,  '61-478,  '64-582 

GARDENS— Protection  of.     See  Orchards  '61-478 

GREENE  TOWNSHIP— Sale  of  liquor  prohibited  '68-333 

HANOVER  TOWNSHIP— Acceptance  of  School  Law  '38-594 

Four  supervisors  authorized  '57-130 

Supervisors  to  repair  a  certain  road  '28-266,  '69-279 

Roads— Election  of  supervisors  '69-229,  '70-747 

HARMONY  TOWNSHIP— Erected  '51-311 

HOPEWELL  TOWNSHIP— New  school  district  erected  '52-488 

Polling  place  fixed  '44-77,  '49-114,  '54-173,  '57-23 

INDEPENDENCE  TOWNSHIP— Polling  place  fixed  '49-115 

New  school  district  erected  '51-457,  '52-488 

Sale  of  liquor  prohibited  '67-440 


LIST  OF  SPECIAL  ACTS.  327 

Beaver  County — Continued. 

INDUSTRY  TOWNSHIP— Election  districts  erected  '51-426 

Bounty  tax  authorized  '67-883 

Sale  of  liquor  prohibited  '68-333 

Audit  of  bounty  accounts  '71-15 

LIQUORS— Sale  of  Act  of  April  11,  '66,  repealed  '68-184 

Sale  of,  submitted  to  vote  of  the  people  '46-248,  '67-924 

LITTLE  BEAVER  TOWNSHIP— Election  of  supervisors  '42-125 

Polling  place  fixed  '44-20 

MOON  TOWNSHIP- Polling  place  changed  '61-32 

MURDOCKVILLE  INDEPENDENT  SCHOOL  DISTRICT  '68-282 

NORTH  BEAVER  TOWNSHIP— Election  of  supervisor  '34-108 

NORTH  SEWICKLEY  TOWNSHIP— Election  of  supervisors  '33-10 

Election  districts  '40-342,  '46-90 

Election  of  constable  '35-62 

Payment  of  boimties.    Act  of  April  11,  '68,  April  9,  '72,  repealed 

'74-294 

Preservation  of  game  '46-172 

OHIO  TOWNSHIP— Election  of  supervisor  '39-46 

Polling  place  fixed  '60-280 

Sale  of  liquors  prohibited  '66-337 

ORCHARDS— Protection  of  '53-387,  '61-478,  '64-582 

OVERSEERS  OF  POOR  abolished  '51-260 

PATTERSON  TOWNSHIP— Preservation  of  game  '46-172 

Certain  lands  annexed  to,  for  schools  '69-1227 

PAUPERS— Care  and  employment  of  '44-277,  '51-260 

POOR  DIRECTORS— See  Directors  of  the  Poor. 

POOR  HOUSE— Erection  of       '44-277,  '51-260,  '52-280  repealed  '01-193 

PULASKI  TOWNSHIP— Opening  and  maintenance  of  roads  '72-387 

Pay  of  supervisors  '69-418 

Polling  place  fixed  '54-446 

RACCOON  TOWNSHIP— Polling  place  fixed  '46-420,  '48-56,  '50-331 

ROAD  DAMAGES  '44-137 

ROAD  VIEWERS— Powers  and  duties  of  '45-53,  '54-62 

Artists  employed  as  '45-53,  '68-437 

Pay  fixed  '68-437 

ROAD  TAX— When  worked  out  '30-25 

ROADS — Certain  fines,  etc.,  to  be  applied  to.     See  Supervisors        '44-281 

Opening  of  '44-137,  '54-62 

Labor  tax  on  '68-437 

ROCHESTER  SCHOOL  DISTRICT— Erected  •  '40-341 


328  APPENDIX. 

Beaver  County — Continued. 

ROCHESTER  TOWNSHIP— Erection  of  '40-341 

Preservation  of  game  '46-172 

Time  of  holding  elections  '49-502 

SCHOOL  DISTRICT— Independent  '51-457,  '57-62,  '68-282 

SEWICKLEY  TOWNSHIP— Polling  place  fixed  '54-824 

SHEEP— To  improve  the  breed  of  Ch.  3867 

SLIPPERY  ROCK  TOWNSHIP— Polling  place  fixed  '49-557 

SOUTH  BEAVER  TOWNSHIP— Election  of  supervisors  '41-71,  '52-47 

Polling  place  fixed  '54-173,  824 

SUPERVISORS  to  expend  one-half  of  road  tax  before  Sept.  1 — See 

Roads  '30-25 

Not  required  to  give  official  bond  '61-304 

Pay  fixed  '70-354 

SURVEYORS— Pay  as  road  viewers  '45-53,  '68-438 

TAXES— Collection  of.— See  Roads                  '53-5,  '54-600,  '63-23,  '85-204 

See  '97-44. 

TOWNSHIP  AUDITORS— Pay  fixed  '70-354 

Election  of  '30-25 
TRESPASS— Fruit                                                         '53-387,  '61-478,  '64-582 
VIEWERJS— See  Road  Viewers. 
VOTING— See  Elections 


BEDFORD  COUNTY. 

Organized  from  a  part  of  Cumberland  County,  March  9,  1771,  Ch.  629. 

AIR  TOWNSHIP— Polling  place  fixed  '50-331 

ALMSHOUSE— See  Poorhouse. 

APPRAISERS  FOR  LINE  FENCES.     Act  of  March  27th,  1784,  re- 
pealed '73-665 
AUGHWICK  TOWNSHIP— Polling  place  fixed  '50-331 
BEDFORD  TOWNSHIP— Cattle  running  at  large.     Act  April  10th, 

'73,  repealed  '74-294 
BETHEL  TOWNSHIP— Polling  place  fixed  '42-44,  '50-331 

BRIDGES  AND  ROADS—  Act  of  April  9,  '70,  repealed  '71-423 

BROAD  TOP  TOWNSHIP— Polling  place  fixed  '49-500,  '51-602 

Pay  of  supervisors  fixed  '64-74 

CUMBERLAND  VALLEY  TOWNSHIP— Polling  place  fixed  '69-374 


LIST  OF  SPECIAL  ACTS.  329 

Bedford  County — Continued. 

DIRECTORS  OF  POOR— To  levy  and  collect  poor  tax  '52-285 

Authorized  to  borrow  money  '56-451 

Pay  fixed  '67-598 

To  provide  for  election  of  '41-124,  '70-1122 

Sale  of  poor  house  property  '60-292,  '70-1122,  '71-803 

County  commissioners  to  provide  funds  for  '70-1122,  '72-929 

DUBLIN  TOWNSHIP— Separate  election  district  '49-560 

ELECTIONS  regulated  '50-331 

FENCES  Act  of  March  27th,  1784,  repealed  '73-665 

FRUIT— Protection  of  '54-430,  '55-234 

HARRISON  TOWNSHIP— Polling  place  fixed  '42-50,  '67-368 

HOGS — See  Swine. 

HOPEWELL  TOWNSHIP— Election  of  constable  Ch.  5474 

Divided  into  two  election  precincts  '38-607 

Polling  place  fixed  '51-131,  '52-286 

Sale  of  bridge  '57-356 

Pay  of  supervisors  fixed  '70-814 

JUNIATA  TOWNSHIP— Polling  place  fixed  '53-184 

JUSTICE  OF  THE  PEACE— County  divided  into  two  districts      Ch.  3868 

Act  of  February  5,  '49  extended  '52-198 

Duties  of,  in  relation  to  collection  of  taxes  '68-1017 

Defining  duties  of  '72-864 

Duties  of,  in  relation  to  paupers  '73-399 

LIBERTY  TOWNSHIP— Polling  place  fixed  '51-602 

LINE  FENCES  Act  of  March  27,  1784,  repealed  '73-665 

LONDONDERRY  TOWNSHIP— School  district  enlarged  '44-78 

Polling  place  fixed  '54-272 

MIDDLE  WOODBURY  TOWNSHIP— 

Polling  place  fixed  '42-244,  '50-414,  '51-333 

MONROE  TOWNSHIP— Polling  place  fixed  '51-40 

NAPIER  TOWNSHIP— School  district  enlarged  '41-306 

Election  of  constable  '25-66,  '43-49 

School  district  diminished  '63-223,  '67-934 

Polling  place  changed  '61-694 

NORTH  WOODBURY  TOWNSHIP— Polling  place  changed  '44-577 

ORCHARDS— Protection  of  '54-430,  '55-234 

OVERSEERS  OF  THE  POOR  abolished  '41-128 

PAUPERS— Care  and  employment  of  '41-124 

To  regulate  admission  into  almshouse  '73-399 

POOR  DIRECTORS— See  Directors  of  the  Poor. 


330  APPENDIX. 

Sedford  County — Continued. 

POOR  FARM— Title  to  be  in  commissioners  '72-658 

Sale  of  '60-292,  '70-1122,  '71-803 

POOR  FUNDS— How  provided  '72-929 

POOR  HOUSE— Erection  of  '41-124,  '42-200,  '69-753,  '70-585 

Sale  of  Poor  House  property  authorized  '60-292 

Property,  election  for  or  against  sale  of  '70-1122,  '71-803 

To  authorize  ejectment  of  steward  in  case  of  removal  '72-829 

To  regulate  the  admission  of  paupers  to  '73-399 

POOR  TAX— Levy  and  collection  '52-285 

RIDGBURY  TOWNSHIP— Polling  place  fixed  '44-572 

ROADS— Opening  and  repairs  of  '54-247,  '55-139 

And  bridges  Act  April  9,  '70,  repealed  '71-423 

To  be  opened  by  county  in  certain  cases  '73-368 

ST.  CLAIR  TOWNSHIP— Polling  place  fixed  '51-602 

SCHOOL  TAXES— Collection  of  '68-1027 

SNAKE    SPRING  TOWNSHIP— To   prevent   cattle,   horses,   mules, 

sheep,  goats  and  swine  from  running  at  large        '73-621,  '74-294 
SOUTHAMPTON  TOWNSHIP— Polling  place  fixed  '42-322 

Divided  into  three  election  districts  '73-740 

SOUTH  WOODBURY  TOWNSHIP— 

Polling  place  fixed  '42-49,  '44-573,  '49-559, '51-265,  '52-274 

SUPERVISORS— Duties  of,  relative  to  paupers  '41-128 

Settlement  of  accounts  of  '32-252 

Expenses  of  '71-1307 

SWINE  Act  of  March  27th,  1784,  repealed  '73-665 

TAXES — Directors  of  poor  to  levy  and  collect.     See  Directors  of  the 

Poor — Justices  of  the  Peace  '52-285 

Collection  of  '68-1017,  '85-204,  See  '01-393-395 

School,  collection  of  '68-1027,  repealed  '95-56 

TOD  TOWNSHIP— Polling  place  fixed  '50-331 

TOWNSHIP  AUDITORS— Duties  of  '32-252 

TRESPASS— On  orchards,  etc.  '54-430,  '55-234 

UNION  TOWNSHIP— Polling  place  fixed  '44-574 


LIST  OF  SPECIAL  ACTS.  331 


BERKS  COUNTY. 

Organized  from  parts  of  Philadelphia,   Chester   and  Lancaster   Counties, 
March  11,  1752,  Ch.  392. 

ALBANY  TOWNSHIP— Collection  of  taxes  '64-92 

Koads  and  bridges  '46-108 
Bounty  tax  authorized                                                       '65-615,  '68-589 

ALMSHOUSE— See  Poorhouse. 

ALSACE  TOWNSHIP— Part  annexed  to  Cumru  Township  '50-441 

Polling  place  fixed  '51-149 

Sale  of  School  house  '52-527 

Boundaries  changed  '58-216 

Bounty  tax  authorized  '64-1025 

Collection  of  taxes  '71-567 

AMITY  TOWNSHIP— Taxes  to  be  collected  by  lowest  bidder  '48-444 

School  loan  authorized  '51-240 

Part  annexed  to  Oley  Township  '52-154 

ASSESSORS  Act  of  July  7,  '42,  repealed  '47-133 

Pay  fixed  '65-290,  609 

To  commence  their  duties  first  Monday  in  April  '71-1299 

ASiSlSTANT    ASSESSORS— Pay  fixed  '69-581 

AUDITORS— See  Township  Auditors. 

Appointed  by  Court,  pay  fixed  '45-358 

For  special  examination  of  county  accounts  '55-326,  '61-3 

BERN  TOWNSHIP— Polling  place  fixed, '42-45,  326, '43-48,  '49-560, '50-703 

To  prevent  cattle,  etc.,  from  rimning  at  large  '71-1293 

Collection  of  taxes  '51-667 

BETHEL  TOWNSHIP— Taxes  to  be  collected  by  lowest  bidder  '52-154 

BRECKNOCK  TOWNSHIP— Taxes  to  be  collected  by  lowest  bidder,  '52-387 

Sale  of  school  house  '52-456 

Surplus  of  bounty  funds  '68-214 

BRIDGE  VIEWERS— How  paid  '44-103,  '53-120 

CAERNARVON  TOWNSHIP— Polling  place  fixed  '42-108,  337,  '44-21 

Supervisors  authorized  to  subscribe  for  turnpike  road  stock    '47-293 

Elections  regulated  '52-709 

Assessor  to  act  as  constable  '67-422 

CENTRE  TOWNSHIP— Separate  election  district  '43-54 

Collection  of  taxes  by  lowest  bidder  '52-155 


332  APPENDIX. 

Berks  County — Continued. 

COLEBROOKDALE  TOWNSHIP— Road  damages  '45-328,  '47-95 

Collection  of  taxes  '51-242 

Bounty  tax  authorized  '64-1025 

COUNTY  COMMISSIONERS— Act  of,  to  be  examined  '55-326 

Boundaries,  road  and  township,  to  be  recorded  Ch.  3284 

Road  tax  in  Cumru  Township,  to  be  paid  by  '48-338 

CUMRU  TOWNSHIP— Real  estate  of  county,  liable  for  road  tax        '48-338 

Part  of  Alsace  Township,  annexed  to  '50-441 

Polling  places  fixed  '53-121 

DIRECTORS  OF  POOR— Authorized  to  administer  oaths  '27-159 

To  fix  fees  for  conveying  paupers  '50-209 

Authorized  to  lease  Poorhouse  lands  '68-1060 

Pay  fixed                                                        '65-609,  '69-581.     See  '97-42 

May  appropriate  money  for  Reading  dispensary  '72-101 

DISTRICT  TOWNSHIP— Collection  of  taxes  '68-395 

DOG  TAX  '67-882 

DOGS— Hunting  deer  with,  prohibited  '59-220 

DOUGLASS  TOWNSHIP 

School  trustees  authorized  to  sell  lands  '27-334 

Lowest  bidder  to  collect  taxes  '48-444 

Polling  place  fixed  '50-466 

EARL  TOWNSHIP— Bounty  tax  authorized  '66-972 

ELECTIONS  regulated  '          '51-450,  '73-475 

EXETER  TOWNSHIP— Polling  place  fixed  '50-413 

Collection  of  taxes  by  lowest  bidder  '52-155 

To  prevent  cattle,  etc.,  from  running  at  large  '71-1293 

FRUIT— Protection  of  '55-55,  '60-362 

GARDENS— Protection  of  '55-55,  '60-362 

GREENWICH  TOWNSHIP— Collection  of  taxes  '51-243 

Polling   place   fLxed  '53-294 

Bounty  tax  authorized  '65-615 

HAYCREEK  TOWNSHIP— Erection  of  '46-54 

HEIDELBERG  TOWNSHIP— Election  of  constable  '25-66 

Separate  district  '36-20 

Polling  place  fixed  '43-55,  '44-573,  '54-872 

HEREFORD  TOWNSHIP— Polling  place  fixed  '42-43 

Lowest  bidder  to  collect  taxes  '54-249 

JEFFERSON  TOWNSHIP— Polling  place  fixed  '52-127 

Collection  of  taxes  '52-155,  '64-365 

Bounty  tax  act  repealed  '67-899 

Cattle,  etc.,  running  at  large  '71-1279 


LIST  OF  SPECIAL  ACTS.  333 

Berks  County — Continued. 

JUSTICE  OF  THE  PEACE — County  divided  into  districts  Ch.  3868 

Duties  of,  in  relation  to  paupers  '24-204 

LONGSWAMP  TOWNSHIP— Polling  place  fixed  '42-333 

Lowest  bidder  to  collect  taxes  '52-154 

LOWER  HEIDELBURG  TOWNSHIP— Polling  place  fixed      '44-80,  '50-413 

To  prevent  cattle,  etc.,  from  running  at  large  '71-1293 

MAIDEN  CREEK  TOWNSHIP— Lowest  bidder  to  collect  taxes         '48-444 

To  prevent  cattle,  etc.,  from  running  at  large  '66-562,  '70-1125 

MARION  TOWNSHIP— Polling  place  fixed  '44-243 

Erection  of  new  townsbip  '45-43 

Assessors  to  collect  taxes  '65-291 

MAXATAWNY  TOWNSHIP— Collection  of  taxes  '51-243,  '63-217 

Erection  of  school  district  '61-247 

Protection  of  a  certain  sidewalk  '63-386 

Levy  of  road  tax  '63-256 

Footpath  across  Saccony  creek,  protection  of  '70-606 

To  prevent  cattle,  etc.,  from  running  at  large  '70-1170,  '71-1295 

MUHLENBURG  TOWNSHIP— Polling  place  fixed  '51-43 

Collection  of  taxes  '51-240 

Supervisors  to  give  bonds  '51-240 

School  loan  authorized  '52-38 

NORTH  HEIDELBURG  TOWNSHIP— Polling  place  fixed                  '51-450 

Bounty  tax                                   Act  of  March  26,  '67,  repealed,  '68-912 

Cattle,  etc.,  running  at  large  '69-1152,  '71-1323 

OLEY  TOWNSHIP— Lowest  bidder  to  collect  taxes  '48-444 

School  loan  authorized  '51-240 

Part  of  Ruscomb  Manor  annexed  to  '51-242 

Part  of  Amity  Township  annexed  to  '52-154 

Construction  of  certain  drain  '51-497,  '68-1058 
Moravian  School  Association                        '39-139,  '67-1010,  '71-982 

Odd  Fellows  Hall  exempted  from  taxation  '69-1320 

ONTELAUNEE  TOWNSHIP^See  Supervisors 

Act  of  April  14,  '53,  repealed,  '66-159 

Separate  election  district  '50-113,  172 

Collection  of  taxes  '70-395 

Cattle,  etc.,  prohibited  from  running  at  large  '66-562,  '70-1125 

ORCHARDS— Protection  of  '55-55,  '60-362 

OVERSEER  OF  POOR  abolished  '24-204 

PAUPERS— Maintenance  of  Ch.  3714,  '24-204 

Care  and  employment  of  '24-204,  '50-209 


334 


APPENDIX. 


Berks  County — Continued. 

PENN  TOWNSHIP— Separate  election  district  '42-45,  451 

Collection  of  taxes  by  lowest  bidder  '52-155 

Bounty  tax  authorized  '63-183 

Taxes  to  be  collected  by  assessor  '70-890 

To  prevent  cattle,  etc.,  from  running  at  large  '70-1170 

PERRY  TOWNSHIP— Erection  of  '50-142 

Lowest  bidder  to  collect  taxes  '53-401 

PIKE  TOWNSHIP— Polling  place  changed  '43-56 

POOR  DIRECTORS— See  Directors  of  Poor— Paupers. 

POORHOUJSE— Erection  of  '24-204 

Lands  adjoining  may  be  leased  for  mining  purposes  '68-1060 

RICHMOND  TOWNSHIP— Lowest  bidder  to  collect  taxes  '54-249 

Bounty  tax  authorized  '64-1025 

Cattle,  etc.,  running  at  large  '70-1170 

ROAD  TAX— One-half  to  be  worked  out  before  Sept.  1st  '30-27 

ROADS — Opening  and  repair  of  '56-454 

ROAD  SURVEYS  to  be  recorded  Ch.  3284 

ROAD  VIEWERS— Expenses  of  '44-103,  '53-120 

ROBESON  TOWNSHIP— Part  annexed  to  Union  Township  '34-480 

Erection  of  new  townships  '46-54 

St.  John's  Church  '51-450 

Supervisors  to  subscribe  for  turnpike  road  stock  '47-293 

Collection  of  taxes  '63-217 

Lowest  bidder  to  collect  school  taxes  '66-213 

ROCKLAND  TOWNSHIP— Lowest  bidder  to  collect  taxes  '53-121 

RUSCOMBMANOR  TOWNSHIP— Part  annexed  to  Oley  Township    '51-242 

Collection  of  taxes  '52-154,  '62-130 

SHEEP— See  Dog  Tax. 

SPRING  TOWNSHIP— Polling  place  fixed  '51-148 

Collection  of  taxes                      Act  of  April  23,  '52,  repealed  '54-272 

Collection  of  taxes  by  lowest  bidder  '52-387 

Cattle,  etc.,  running  at  large  '71-1293 

SUPERVISORS  to  take  charge  of  Little  Conestoga  Turnpike  Road,  '42-328 

May  appeal  from  finding  of  Auditors  '30-27 

Pay  fixed  '65-609,  '69-581 

TAXES — See  Assessors. 

TOWN  CLERK— Election  of  Ch.  3899 

TOWNSHIP  AUDITORS— Pay  fixed  '65-609,  '69-581 

Election  of  '30-27 

Supervisors  may  appeal  from  '30-27 


LIST  OF  SPECIAL  ACTS.  335 

Berks  County — Continued. 

TOWNSHIP  LINES  to  be  recorded  Ch.  3284 

Survey  of  '45-358,  '51-498 

TKESFASS  on  orchards,  gardens,  etc.,  penalty  for  '55-55,  '60-362 

UNION  TOWNSHIP— Part  of  Robeson  Township  annexed  to  '34-480 

Polling  place  fixed  '42-53,  326 

Elections  regulated  '44-78 

Supervisors  authorized  to  subscribe  for  turnpike  road  stock      '47-293 

Collection  of  taxes  by  lowest  bidder  '52-155 

UPPER  BERN  TOWNSHIP— Polling  place  fixed  '42-45 

UPPER  HEIDELBURG  TOWNSHIP— Polling  place  fixed  '54-872 

UPPER  TULPEHOCKEN  TOWNSHIP— Polling  place  fixed  '52-128 

Election  of  Justice  of  the  Peace  '44-576 

Schools  '56-274 

Erection  of  new  township  '45-43 

VIEWS — Road  and  bridge,  how  expenses  paid  '44-103,  '53-120 

VOTERS— See  Elections. 

WASHINGTON  TOWNSHIP— Bounty  tax  authorized  '64-1025 

Collection  of  taxes  by  lowest  bidder  '52-155 

WINDSOR  TOWNSHIP— Part  annexed  to  Hamburg  '38-562 

BLAIR  COUNTY. 

Organized  from  parts  of  Huntingdon  and  Bedford  Counties,  February  26, 
1846,  P.  L.  Page  64. 

ALLEGHENY  TOWNSHIP— Pay  of  supervisors  and  auditors  fixed,  '65-654 
Cash  road  taxes,  repair  of  roads  by  contract  '51-401,  '52-146 

Swine  running  at  large  '6T-738,  '69-811 

Polling  places  fixed  '51-12 

Boundaries  extended  '52-253 

ANTIS  TO^VNSHIP— Road  taxes  '50-323,  '52-146 

Bounty  tax  authorized  '66-834 

Supervisors'  and  Auditors'  pay  fixed  '68-601 

BLAIR   TOWNSHIP— Part    of,    attached    to    Hollidaysburg    School 

District  '46-227,  '52-302 

Hunting  deer  with  dogs  prohibited  '52-300,  '57-606 

Part  attached  to  Allegheny  Township  '52-253 

Swine  running  at  large  Act  of  April  II,  '66,  repealed  '70-123 

CATHARINE  TOWNSHIP— Independent  School  District  erected  '70-1084 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '48-323 

Pay  fixed  '52-377,  446,  '57-606 

Sale  of  Poor  Farm  '52-254 


336  APPENDIX. 

Blair  County — Continued. 

DOGS— Hunting  deer  with,  prohibited  '57-606 

Taxation  of  Act  of  May  20,  '57,  repealed  '59-192 

distribution  of  proceeds  '65-196 

ELECTION— Time  of  holding  '48-196 

FRANKSTOWN  TOWNSHIP— Separate  School  District  '37-263 

Hunting  deer  with  dogs,  prohibited  '53-300,  '57-606 

Certain  lands  annexed  to,  for  schools  '63-253 

FKUIT- Protection  of  '55-169,  234,  '61-478 

GREENFIELD  TOWNSHIP— Polling  place  fixed  '52-68 

Dog  tax  repealed  '58-312 

HOGS — See  Swine. 

HUSTON  TOWNSHIP— Hunting  deer  with  dogs  prohibited  '52-300 

JUNIATA  TOWNSHIP— Election  of  Justice  of  the  Peace  '49-133 

Polling  place  fixed  '54-194,  272 

Dox  tax  repealed  '58-312 

LOGAN  TOWNSHIP— Polling  place  fixed  '51-49 

Hunting  deer  with  dogs  prohibited  '54-831 

Auction  sales  regulated  '63-561 

Pay  of  supervisor  fixed  '67-675 

NORTH  WOODBURY  TOWNSHIP— Hunting  deer  with  dogs  prohib- 
ited '52-300,  '57-606 
Dog  tax  repealed  '58-312 
Bounty  tax  authorized                                                                      '66-284 
Sale  of  liquor  near  ore  mines  '72-898 
ORCHARDS— Protection  of                                                 '55-169,  234,  '61-478 
OVERSEERS  OF  THE  POOR  abolished                                                '48-326 
POOR  DIRECTORS— See  Directors  of  the  Poor. 

POOR  HOUSE— Election  of  '47-326,  '48-323 

ROAD  AND  BRIDGE  VIEWERS— Pay  fixed  '57-606 

SCHOOL  DIRECTORS  may  condemn  land  for  school  houses  '65-582 

SHEEP  Act  of  May  20,  '57,  repealed  '59-192 

SNYDER  TOWNSHIP— Polling  place  fixed  '52-146 

Dog  tax  repealed  '58-312 

Pay  of  supervisors  and  auditors  fixed  '69-601 

To  prevent  growth  of  noxious  weeds  '70-998 

SWINE— Running  at  large  Act  of  April  11,  '66,  repealed  '70-123 

TAYLOR  TOWNSHIP— Dog  tax  repealed  '58-312 

TRESPASS  ON  ORCHARDS,  GARDENS,  ETC.— 

Penalty  for  '55-169,  234,  '61-478 


LIST  OF  SPECIAL  ACTS.                                      33/ 

Slair  County — Continued. 

TYRONE  TOWNSHIP— Polling  place  fixed  '49-555 

Cash  road  tax  authorized  '67-1050 

To  prevent  growth  of  noxious  weeds  '70-998 

VIEWERS— Road  and  Bridge— Pay  fixed  '57-606 

WOODBURY  TOWNSHIP— Road  taxes 

Act  of  April  2,  '50,  repealed  '52-206 

Polling  place  fixed  '49-558,  '52-37 


BRADFORD  COUNTY. 

Ontario  Coimty,  organized  from  parts  of  Luzerne  and  Lycoming  Coun- 
ties, February  21,  1810.  Chap.  3147;  name  changed  to  Bradford  County  in 
1812.     Chapter  3513. 

ALBANY  TOWNSHIP— Polling  place  fixed,  '30-312,  '43-56,  '48-461,  '52-38 

ALMSHOUSE— See  Poorhouse. 

ARMENIA  TOWNSHIP— Polling  place  fixed  '44-78,  '47-151,  '48-57 

Separate  election  district  '44-19 

Elections  regulated  -  '46-21 

ASSESSORS  not  required  to  attend  elections  '44-220 

ASYLUM  TOWNSHIP— Time  fixed  for  settlement  of  accounts  '36-448 

Polling  place  fixed  '40-339,  '44-574 

Assessment  of  taxes  in  '50-30 

Erection  of  poorhouse  authorized  '63-234,  '72-818 

ATHENS  TOWNSHIP— Additional  constable  in  Milltown  '29-340 

Sale  of  lands  by  trustees  confirmed  '27-147,  '35-222,  '43-179 

Election,  borough,  time  of  holding,  '42-333 

Election  of  trustees  '35-320,  '58-75 

Polling  places  fixed  '24-232,  '53-404 

Boundaries  extended  '55-294 

Dog  tax  '65-720,  '73-489,  '83-165 

School   Purposes — Dog  taxes  for  '65-720 

Sheep— Protection  of  '73-489,  '83-165 

Tax,  dog  '65-720,  '73-489,  '83-165 

Trustee  authorized  to  sell  land  '27-147,  '35-222,  '43-179 

Trustees— Township,  election  of  '35-220,  58-75 

Town  Hall — Road  Commissioners  to  erect  '73-400 

BARCLAY  TOWNSHIP— Assessment  and  collection  of  taxes  '71-971 

BRIDGE  VIEWERS— Appointment  of  '65-203 


338  APPENDIX. 

Bradford  County — Continued. 

BRIDGES— How  repaired.     See  North  Branch  Canal  '44-200 

Approaches  to,  when  to  be  built  by  County  '69-47 

Act  of  March  18,  '69  repealed  '70-146 

Act  of  June  13,  '36,  repealed  '70-281,  '91-24 

In  what  cases  the  County  to  build  '70-146,  1308,  73-396 

Over  North  Branch  Canal  70-1308 

BURLINGTON  TOWNSHIP  '26-405,  '38-611 

CANADA  THISTLES  Act  of  March  22,  '62,  repealed,  '67-608 

CANTON  TOWNSHIP— Polling  place  fixed  '33-416,  '54-3,   58-1 

Auditors  to  meet  first  Monday  in  May  '66-817 

Surplus  bounty  fund  '68-638 

CATTLE— Prohibited  from  running  at  large  '64-369 

Protection  of,  from  railroad    "  '69-1125 

COLLECTOR— See  Taxes. 

COLUMBIA  TOWNSHIP— Election  of  constables  '31-468,  '47-427 

Surplus  bounty  funds  '69-361 

COUNTY  BRIDGES.     Act  of  March  18,  '69,  repealed,  '70-146,  1308,  '73-396 
Court,  Grand  Jury  and  County  Commissioners  to  act  on  peti- 
tions for  '70-146 

DAMAGES — See  Roads. 

DRAINAGE  of  wet  and  spouty  lands  '63-293 

DURELL  TOWNSHIP— Election  legalized  '43-375 

Polling  place  fixed  '43-48,  '49-558 

ELECTION  OFFICERS— Compensation  of  '47-422,  '70-843,  '73-146 

ELECTIONS— Time  of  holding  '39-598,  '40-76,  '47-58,  '64-20,  743 

Tickets,  form  of  '49-89 

Regulated  '44-220,  '51-275,  '64-743 

FRANKLIN  TOWNSHIP— Time  of  holding  township  elections  '36-97 

Polling  place  fixed  '36-439 

Application  of  unseated  land  tax  '41-361 

Taxes  Act  of  May  6,  '41,  repealed  '44-138 

FRUIT— Protection  of  '55-55,  '61-478 

GARDENS— Protection  of  '55-55,  '61-478 

GRANVILLE  TOWNSHIP— Polling  place  fixed  '31-482,  '44-574 

Re-audit  of  accounts  '58-157 

HERRICK  TOWNSHIP— Polling  place  fixed  '38-606,  '50-87 

Road  commissioners  to  have  jurisdiction  over  State  road  '61-202 

Bounty  tax  authorized  '65-513 

School  tax  '51-675 

HOGS — See  Swine. 


LIST  OF  SPECIAL  ACTS.  339 

Bradford  County — Continued. 

HORSES  prohibited  from  running  at  large  '64-369 

Protection  of  from  railroads  '69-1125 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

LAND— Drainage  of  '63-293 

To  prevent  overflow  of  '69-170 

LEROY  TOWNSHIP— Duties  of  supervisors  '44-138 

Polling  place  jfixed  '36-440 

LITCHFIELD  TOWNSHIP— Polling  place  fixed  '52-8 

MONROE  TOWNSHIP— Application  of  unseated  land  tax,  '36-440,  '41-361 

Erection  of  Poorhouse  '63-234 

Certain  dockets  of  Justices  of  the  Peace  '63-485 

MULES— Prohibited  from  running  at  large  '64-369 

NORTH  TOWANDA  TOWNSHIP— Polling  place  fixed  '53-8 

ORWELL  TOWNSHIP— Polling  place  fixed  '54-349,  '59-1 

OVERTON  TOWNSHIP— Polling  place  fixed  '53-182 

Election  validated  '53-729 

Assessment  of  unseated  lands  '61-538 

PATHMASTERS— Appointment  and  duties  of  '44-200,  '67-273 

PAUPERS— Care  and  employment  of  '60-113,  '61-555 

PIKE  TOWNSHIP— Polling  place  fixed  '54-107,  '64-39 

Two  constables  to  be  elected  '73-395 

Collection  of  school  tax  '74-404 

POOR  HOUSE— Erection  of  '60-113,  '61-555 

Election  for  or  against  erection  of  '70-1013 

POOR  TAXES  '60-113 

POLLS— When  to  be  closed  '64-743 

RIDGEBURY  TOWNSHIP— Appointment  of  Justice  of  the  Peace        '29-51 

Polling  place  fixed  '26-401,  '39-595,  '41-69,  '45-151 

Bounty  tax  authorized  '66-493 

Road  commissioners  to  add  penalty  to  unpaid  taxes  '70-868 

Authorized  to  erect  a  town  hall  '73-684 

ROAD  COMMISSIONERS— Election  powers  and  duties  of 

See  Supervisors  '44-200,  '45-202,  '46-199 

To  improve  State  road  from  Pennsboro  to  Meansville  '26-272 

To  view  and  lay  out  private  roads  '52-344 

May  change  location  of  roads  '52-622 

Jurisdiction  extended  to  State  roads  '65-302 

When  road  extends  through  more  than  one  township  '57-204 

Pay  fixed  '67-456,  '68-555 

Appeal  from  decision  of  '68-1004 

Act  of  February  27,  '67,  repealed  '69-121 

To  repair  bridges  Act  of  March  18,  '69,  repealed,  '70-146 

22 


340 


APPENDIX. 


Bradford  County — Continued. 

ROAD  DAMAGES      Acts  of  May  6,  '52  and  March  13,  '46  repealed  '55-381 

ROAD  over  Moosic  Mountain,  improvement  of  Ch.  4171 

ROADS— Alteration  and  opening  '46-199,  '52-622 

Vacation  of,  in  two  townships  '57-204 

ROADS,  HIGHWAYS  AND  BRIDGES— See  Pathmasters. 

Act  June  13,  '36,  repealed,  '70-281,  '91-24 
Private  '52-344 

ROAD  TAX  ON  UNSEATED  LANDS 

'26-272,  '27-405,  '44-137,  '45-201,    '46-199 
Supervisors  authorized  to  levy  ten  mills  Ch.  4373 

Collection  of  '44-200 

Minimum  to  be  one  day's  work  '67-273,  '69-121 

ROME  TOWNSHIP— Polling  place  fixed  '52-47 

Dog  tax  repealed  '54-291 

May  erect  school  building  in  Rome  Borough  '68-653,  '69-666 

feCHOOL  HOUSES— Appointment  of  viewers  of  '43-77 

SHEEP— To  improve  the  breed  of  Ch.  3779 

Prohibited  from  running  at  large  Ch,  3779  '64-369 

Protection  of,  from  railroads  '69-1125 

SHESHEQUIN  TOWNSHIP— Act  to  annex  A.   B.   Smith's  island, 

repealed  '40-271 

Polling  place  fixed  '31-483 

Construction  of  sidewalks  '66-673,  '67-1223 

SMITHFIELD  TOWNSHIP— School  loan  authorized  '71-598 

Road  tax  on  unseated  lands  '27-405 

Polling  place  fixed  '42-55 

Protection  of  sheep  and  taxing  of  dogs  '73-489,  '83-165 

Application  of  surplus  bounty  fund  '66-700 

Election  of  School  Directors  Act  of  June  2,  '71,  rep.  '73-532 

SOUTH  CREEK  TOWNSHIP— Polling  place  fixed  '44-577,  '62-96 

25  per  cent,  penalty  on  delinquent  road  taxes  '71-867 

SOUTH  TOWANDA  TOWNSHIP— Erection  of  Poor  House.    See  To- 

wanda  '63-234 

Polling  place  fixed  '52-47 

Qualifications  of  constable  '52-48 

SPRINGFIELD  TOWNSHIP— Partition  of  land  in  which  Common- 
wealth is  part  owner  '29-134 
Polling  place  fixed                                                               '45-525,  '51-427 

SPRING  HILL  TOWNSHIP— Name  of  Tuscarora  changed  to 

'44-541,  '51-427 


LIST  OF  SPECIAL  ACTS.  341 

Bradford  County — Continued. 

STANDING  5T0NE  TOWNSHIP— Separate  election  district  '42-49 

Officers  hold  over  '42-197 

Polling  place  fixed  '44-574 

STATE  ROADS — Road  Commissioners  to  have  jurisdiction  of  '65-302 

STRAYS — Horses,  cattle,  sheep  and  swine  running  at  large  '64-369 

SUPERVISORS— Election  of  '32-418,  '35-40 

Authorized  to  lay  ten  mill  road  tax.    See  Road  Commissioners 

Ch.  4873 

SWAMPS— Drainage  of  '63-293 

SWINE— Prohibited  from  running  at  large  '64-369 

Protection  of,  from  railroads  '69-1125 

TAX — Unseated  land,  collection  of 

Ch.  4565,  '44-137,  220   '46-201,  '47-253,  '67-214  '70-282 
Road,  collection  of  '44-200 

Township,  assessment  and  collection  of  '46-199,  '52-622 

Poor  '60-113 

Road,  minimum  of  one  day's  work  '67-273,  '69-121 

Sales  '67-214,  '70-282 

TAX  COLLECTOR'S  OATH  on  return  of  unseated  land  to  be  con- 
clusive '67-214 
TERRY  TOWNSHIP— Polling  place  fixed  '60-145 
THISTLES,  CANADA— To  prevent  spread  of  '67-608 
TICKETS— Election,  form  of  '49-89 
TOWANDA  TOWNSHIP— Separate  assessment  district.     See  South 

Towanda— North  Towanda  '39-59 

Polling  place  fixed  '40-338,  '42-333,  '44-18,  '52-8 

Eire  apparatus  '59-349 

TOWN  CLERK— Election,  duties  and  pay  of  '32-418 

TOWNSHIP  AUDITORS— Pay  fixed  '67-456,  '68-555 

Time  of  meeting  '55-483 

TOWNSHIP  OFFICERS— Election  of  '39-598 

Power  of,  over  Susquehanna  &  Tioga  Turnpike  Road  '69-325 

TOWNSHIP  TAXES— Assessment  and  collection  of  '46-199,  '52-622 

TRESPASS  on  orchards,  gardens,  etc.,  penalty  for  '55-55,  '61-478 

TROY  TOWNSHIP— Roads  not  opened  declared  vacant  '69-1057 

Polling  place  fixed  '48-366 

TUSCARORA  TOWNSHIP— Elections  regulated  '53-167 

Name  changed  '42-541,  '44-541,  '51-427 

Taxation  of  dogs  for  protection  of  sheep  '69-1115,  see  '95-398 

Road  Commissioners  to  act  under  sheep  law  '70-910 


342  APPENDIX. 

Bradford  County — Continued. 

ULSTER  TOWNSHIP— Island  of  Alanson  B.  Smith  annexed  to       '40-271 
rolling  place  fixed  '28-391,  '38-595 

Methodist  Episcopal  Parsonage  exempted  from  taxation  '73-1082 

UNSEATED  LAND  TAX— Collection  of 

Ch.  4565,  '44-137,  220,  '45-201,  '47-253,  '67-214  '70-282 

Tax  Collector's  oath  on  return  of,  to  be  conclusive  '67-214 

Koad  taxes  on,  appropriated  to  a  certain  road  '26-272 

Taxes  on  '27-404,  405,  '44-200,  '45-201,  '46-199 

Of  Isaac  Barclay's  heirs,  taxes  on  '44-137,  607 

Sale  of  '67-214,  '70-282 

VACATION  OF  ROADS  lying  in  two  townships  '57-204 

VIEWERS  OF  DRAINS  for  wet  and  spouty  lands— Duties  of  '63-293 

Of  school  house  sites  '43-77 

Bridge,  appointment  of  '65-203 

VOTERS — See  Elections 

VOTING— Form  of  tickets  '49-89 

WARREN  TOWNSHIP— Polling  place  fixed  '40-338 

WET  LANDS— Drainage  of  '63-293 

WELLS  TOWNSHIP— Polling  place  fixed  '48-365 

WILMOT  TOWNSHIP— Assessment  of  taxes  '50-30 

Collection  of  taxes.    See  Road  Tax  '44-137,  '47-253 

Separate  election  district  '50-30 

Polling  place  fixed  '54-247 

Hunting  deer  with  dogs  '65-476 

WINDHAM  TOWNSHIP— Polling  place  fixed  '53-466 

WYALUSING  TOWNSHIP— Settlement  with  Auditors— election  of 

Supervisors  '42-195 

Polling  place  fixed  '45-525,  '53-294 

Use  of  billiard  tables,  bowling  alleys,  dice  or  card  tables  pro- 
hibited '72-751 
Second  Presbyterian  parsonage  exempted  from  taxation  '73-108 
Dog  tax  Acts  of  April  3,  '72,  and  April  2,  '73,  repealed  '83-165 
WYSOX  TOWNSHIP— School  Directors  may  institute  suits  '39-578 
Polling  place  fixed  '42-195,  '44-577 
Election  of  Supervisors  '44-18 


LIST  OF  SPECIAL  ACTS.  343 

BUCKS  COUNTY. 

One  of  the  three  original  coimties  organized  in  1682. 

BENSALEM  TOWNSHIP— Bounty  tax  authorized  '65-442 

School  Directors  authorized  to  hold  Red  Lion  School  property 

in  Philadelphia  '69-537 

BRISTOL  TOWNSHIP— Election  of  constable  '40-348 

Dog  tax  '64-849 

Drainage  of  Birch  Pond  '55-419 

Pennsylvania  Hall  exempted  from  taxation  '69-558 

Collection  of  school  taxes  '70-179.    Bee  '01-395 

BUCKINGHAM  TOWNSHIP— Two  additional  Supervisors  authorized 

'66-772 

Water  Company  '48-389,  '52-1^8 

Collection  of  school  tax  '69-802,  '01-394 

COMMISSION  on  tax  collecting.    See  Taxes  '44-110 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  Ch.  2849,  2865  '46-338 

Authorized  to  convey  land  of  Jacob  Fox  Ch.  4422 

Compensation  of  Ch.  5233,  '65-107 

DOG  TAX  Ch.  3048,  4597,  repealed  '25-226 

Applied  to  county  purposes  '31-323 

DOYLESTOWN  TOWNSHIP— Polling  place  fixed  '41-70,  '48-56 

Collection  of  school  tax  '67-845 

DRAINAGE  of  wet  lands  '64-459 

DURHAM  TOWNSHIP— Bounty  tax  authorized  '65-526 

Taxes  to  be  collected  by  lowest  bidder  *47-395 

Elections  regulated  '53-30 

ELECTION  OF  OFFICERS— Appointment  of  '74-54 

FALLS  TOWNSHIP— Free  school  established  Ch.  2781 

Fencing  Brown's  grave  yard  '55-401 

Dog  tax  repealed  '58-23 

Tax  on  dogs  '64-849 

Bounty  tax  authorized  '65-442 

Collection  of  school  tax  '69-802,  repealed,  '99-230.     See  '01-395 

FRUIT— Protection  of  '55-234 

GARDENS— Protection  of  '55-234 

HAYCOCK  TOWNSHIP— Sale  of  school  house  '53-411 

Supervisors  to  give  official  bond  '54-469 

Bounty  tax  authorized  '66-807 

Additional  Supervisor  Act  of  March  3,  '68,  repealed  '69-1048 

Annuities  granted  to  be  used  for  schools  '63-105 


344  APPENDIX. 

Bucks  County — Continued. 

HILLTOWN  TOWNSHIP— Part  embraced  in  Line  Lexington  Inde- 
pendent iSchool  District  '73-535| 

HOGS — ^See  Swine 

HORSES  prohibited  running  at  large  '65-444,  '66-23^ 

INDEPENDENT  LINE  LEXINGTON  SCHOOL  DISTRICT  erected    '73-535 

JUSTICE  OF  THE  PEACE— Duties  of  in  relation  to  paupers  Ch.  5233 

Duties  of  in  relation  to  collection  of  taxes  '64-177 
Fees  fixed                                                             Ch.  5233,  '64-365,  '65-26 

Allowed  4  per  cent,  for  collection  of  taxes  '67-201 

Fees  may  be  exacted  before  appeal  is  taken  '73-360 

Not  to  hold  inquests  '73-348 

LAND— Drainage  of  '64-459 

LINE  LEXINGTON  SCHOOL  DISTRICT  erected  '73-535 

LOWER  MAKEFIELD— Dog  tax  repealed  '58-23 

Tax  on  dogs  '64-849 

Collection  of  school  tax,  '69-802.    See  '01-394 

MIDDLETOWN  TOWNSHIP— Dog  tax  repealed  '57-413 

Bounty  tax  authorized  '65-442 

MILFORD  TOWNSHIP— Polling  place  changed  '48-367,  '54-152 

Bounty  tax  authorized  '66-216 

NEW  BRITAIN  TOWNSHIP— Acceptance  of  common  school  law       '43-388 
Polling  place  fixed  '49-545 
Bounty  tax  authorized  '65-442 
Part  of,  embraced  in  Line  Lexington  Independent  School  Dis- 
trict '73-535 

NEWTOWN  TOWNSHIP— Polling  place  fixed  '40-340 

Erection  of  town  hall  '42-181 

Annual  statements — Vacancies,  how  filled  '42-54 

Time  of  holding  borough  elections  '42-54 

*School  funds  consolidated  '58-94 

Loan  authorized  '71-33 

Dog  tax  repealed  '58-145 

NORTHAMPTON  TOWNSHIP— Division  of  '43-384,  '53-29 

Relative  to  collection  of  school  taxes  '72-694 

To  subscribe  for  turnpike  road  stock  '44-301 

NOCKAMIXON  TOWNSHIP— Division  of  '42-38 

Bounty  tax  authorized  '65-229 

Lowest  bidder  to  collect  taxes  '54-580 

Election  of  township  officers  '57-578 

OFFICERS— Election  and  duties  of  '35-537 

ORCHARDS— Protection  of  '55-234 


LIST  OF  SPECIAL  ACTS.  345 

Bucks  County — Continued. 

OVERSEERS  OF  THE  POOR  abolished  Ch.  2849 

PAUPERS— Settlement  of  Ch.  5233 
Care  and  employment  of                         Ch.  2849,  2865,  '25-79,  '46-333 

PLANK  WALKS  '69-1038 

POINT  PLEASANT  SCHOOL  DISTRICT— Act  repealed  '52-151 

POOR— Requirements  of  '46-338 
POOR  DIRECTORS — See  Directors  of  the  Poor 

POOR  HOUSE— Erection  of  Ch.  2849,  '25-79 

RICHLAND  TOWNSHIP— Polling  place  fixed  '38-610 

Sale  of  school  house  '53-411 

Tax  on  money  at  interest  '51-212 

Bounty  tax  authorized  '66-405 

ROAD  DAMAGES  '57-366 

ROAD  VIEWS— How  paid  '44-103 

ROAD  VIEWERS— Pay  and  duties  of  '57-297,  366 

Appointment  of  '55-419 

ROCKHILL  TOWNSHIP— 

Bounty  tax  authorized  '66-407 

Sale  of  school  house  '60-547 

Polling  places  fixed  '70-357 

SCHOOL  DIRECTORS  authorized  to  levy  a  bounty  tax  '66-257 

SIDEWALKS  in  unincorporated  towns  and  villages  '69-1033 

SOLEBURY  TOWNSHIP— Polling  place  to  be  decided  by  an  election  '49-556 

Supervisors  to  pay  for  polling  place  '49-556 

Election  of  Supervisors  '51-84 

Bounty  tax  authorized  '66-776 

Pay  of  Supervisors  '67-325 

Collection  of  school  tax    '69-329,  '71-1197,  see  '99,  230,  '01,  393,  398 

SOUTHAMPTON  TOWNSHIP— Erection  of  school  house  '52-512 

To  subscribe  for  turnpike  road  stock  '44-301 

SPOUTY  LANDS— Drainage  of  '64-459 

SPRINGFIELD  TOWNSHIP— Collection  of  taxes  '47-395 

Divided  into  four  road  districts  '50-85 

Bounty  tax  authorized  '65-442,  '66-401,  '67-492 

STRAYS — Impounding  and  sale  of  Ch.  5865 

SUPERVISORS— Duties  of— in  relation  to  paupers  Ch.  2849,  '25-79,  '51-84 

To  act  as  overseers  of  the  poor  '25-79 

To  fix  fees  of  Township  Treasurer  '34-555 

To  give  official  bond  '55-488 

Pay  fixed  '67-613 

SWAMPS- Drainage  of  '64-459 


346  APPENDIX. 

Bucks  County — Continued. 

SWINE— Prohibited  running  at  large  Ch.  158,  '65-444,  '66-23 

TAXES— Assessment  of  '28-239,  '35-45 

Commission  fixed  '44-110 

Collection  of  Act  of  April  15,  '34,  repealed  '45-334 

Collection    of  '28-239,    '59-294,   '64-177,    '67-201,    '68-588,  '73-604 

«ee  '01-391 

TINICUM  TOWNSHIP— Polling  place  fixed  '51-603 

Bounty  tax  authorized  '67-492 

Numbers  of  Supervisors  fixed  '67-434,  '69-1174 

TOWN  CLERKS— Election  of  Ch.  2865 

TOWNSHIP  AUDITORS— Pay  fixed  '65-107 

TOWNSHIP  TREASURER— Fees  '34-555 

Abolished  '35-46 

UPI'ER  MAKEFIELD  TOWNSHIP— Election  of  Supervisors  '42-54 

Overseers  of  Poor  and  Supervisors  to  give  official  bond  '52-656 

Dog  tax  '55-344 

VIEWS— Bridge  and  road,  how  paid  '44-103,  '57-297,  366 

VILLAGES— Sidewalks  in  '69-1038 

VOTERS— See  Elections. 

WET  LANDS— Drainage  of  '64-459 

WRIGHTSTOWN  TOWNSHIP— To  prevent  growth  of  noxious  weeds  '69-684 

Collection  of  school  tax  '69-802.    See  '01-394 

To  prevent  cattle,  etc.  from  running  at  large  '70-489 

Dogs  taxed  for  school  purposes  '70-1015 

BUTLER  COUNTY. 

Organized  from  part  of  Allegheny  County,  March  12,  1800.    Ch.  2119. 

ADAMS  TOWNSHIP— Polling  place  fixed  '54-313 

Cranberry  Township  line  defined  '63-417 

Cattle,  etc.  rimning  at  large  '66-737 

Bounty  tax  '66-908 

ALLEGHENY  TOWNSHIP— Polling  place  fixed  '54-312 
Land  of  E.  Robinson  attached  to  Hovey  School  District  in  Arm- 
strong County  '67-1552 

ASSESSORS— Election  of  '46-92 

BRADY  TOWNSHIP— Polling  place  fixed  '54-313 

Bounty  tax  authorized  '67-185,  1075,  1555 

Worth  Township  road  law  extended  to  '70-406 

BRIDGES  to  be  erected  by  contract  '46-292 

Over  BuflFalo  Creek  at  Freeport  declared  a  county  bridge  '62-139 

County,  Supervisors  to  remove  driftwood  from  '66-257 


LIST  OF  SPECIAL  ACTS.  347 

Butler  County — Continued. 

BUFFALO  TOWNSHIP— Polling  place  fixed  '54-312 

Cattle,  horses,  sheep  and  swine  running  at  large  '72-280 

Kepairing  roads  by  contract — Election  of  Road  Commissioners  '73-628 
Koads — ^All  local  acts  passed  since  '36  repealed  '78-25 

BUTLER   TOWNSHIP— Polling   place   fixed.     See   South   Butler- 
North  Butler  '49-545,  '50-26,  111,  '51-533,  '54-312 
Bounty  tax  Act  repealed  '65-117 
Cattle,  etc.  running  at  large  69-670,  '70-431 

CASH  ROAD  TAX  '52-526 

CENTER  TOWNSHIP— Polling  place  fixed  '44-21,  '54-312 

Boimty  tax  Act  of  February  18,  '65,  repealed  '65-201 

Bounty  tax  authorized  '68-441 

Relative  to  roads  '72-668 

CHERRY  TOWNSHIP— Erection  of  '40-79 

Slippery  Rock  Township  line  established  '42-334 

Polling  place  fixed  '44-75,  '64-22 

CLAY  TOWNSHIP— Polling  place  fixed  '54-313 

Roads  Act  of  March  24,  '73,  repealed  '81-69 

CLEARFIELD  TOWNSHIP— Polling  place  fixed  '54-312 

CLINTON  TOWNSHIP— Polling  place  fixed  '54-312 

Bounty  tax  Act  of  March  23,  '65,  repealed  '66-261 

Duties  of  Road  Commissioners  and  maintenance  of  roads      '69-668 
Money  road  tax  authorized  '71-716 

CONCORD  TOWNSHIP— Polling  place  fixed  '69-708 

CONNOQUENESSING  TOWNSHIP— Election  of  additional  constable  '29-84 
Division  of — Two  constables  to  be  elected  42-325 

Fishing  regulated  '48-224 

Polling  place  fixed  '54-313 

Bounty  tax  authorized  '66-908 

Surplus  bounty  '70-695 

Cattle,  horses,  sheep  and  swine  riuining  at  large  '71-102 

Roads  Act  extending  Worth  Township  road  law  repealed  '73-745 

CRANBERRY  TOWNSHIP— Polling  place  fixed  '54-313 

Adams  Township,  line  defined  '63-417 

Bounty  tax  authorized  '66-261 

Cattle,  etc.  running  at  large  '69-670 

Worth  Township  road  law  extended  to  '73-394 

CROW  AND  SQUIRREL  SCALPS— Bounty  on  Ch.  3290,  '31-137 

Receivable  for  taxes  '31-137 

DOG  TAX  '46-460, '47-211 


348  APPENDIX, 

Butler  County — Continued. 

DONEGAL  TOWNSHIP— Polling  place  fixed  '54-312 

(Supervisors — Pay  fixed  '44-21 
Overseers  of  Poor  authorized  to  sell  certain  lands  in  Millertown  '74-403 

Unseated  land  tax  to  be  paid  in  cash  '44-21 

ELECTION  of  toAvnship  officers  '54-169,  311,  '68-1053 

FAIRVIEW  TOWNSHIP— Polling  place  fixed  '54-312 

School  district  erected  '46-93 

FORWARD  TOWNSHIP— Polling  place  fixed  '54-313 

Bounty  tax  authorized  '66-261 

Cattle,  horses,  sheep  and  swine  running  at  large  '72-280 

FRANKLIN  TOWNSHIP— Land  leased  for  a  town  hall  '43-65,  66 

Polling  place  fixed  '54-313 

Bounty  tax  authorized  '66-324 

Repealed  '42-125 

Cattle,  horses,  sheep  and  swine  running  at  large  '72-895 

FRUIT  AND  FRUIT  TREES— Preservation  of  '55-234,  '67-907 

GARDENS— Protection  of  '55-234 

HARMONY  TOWNSHIP— Incorporation  of  '40-655 

Additional  Notary  Public  '66-555 

Bounty  tax  authorized  '67-1075 

JACKSON  TOWNSHIP— Polling  place  fixed  '54-313 

Bounty  tax  authorized  '67-1075 

Cattle,  sheep  and  swine  running  at  large  '73-650 

JEFFERSON  TOWNSHIP— Polling  place  fixed  '54-312 

Exemptions  from  bounty  tax  '65-719,  '69-580 

JUSTICE  OF  THE  PEACE— County  divided  into  districts           Ch.  3868 

Acts  confirmed  Ch.  3113 

LANCASTER  TOWNSHIP— Polling  place  fixed  '54-313 

Cattle,  horses,  sheep  and  swine  running  at  large  '71-102 

MARION  TOWNSHIP— Polling  place  fixed  '54-313 

Bounty  tax  authorized  '66-624,  '67-338 

Exemption  from  '69-580 

MERCER  TOWNSHIP— Polling  place  fixed  '54-313 

Bounty  tax  authorized  '64-624,  '67-367 

Cattle,  etc.  running  at  large  '70-431 

MIDDLESEX  TOWNSHIP— Polling  place  fixed  '42-331,  '54-312 

Additional  road  tax  '46-94 

Cattle,  etc.  running  at  large  '70-431 

MUDDY  CREEK  TOWNSHIP— Polling  place  fixed  '42-46,  '54-313 

NORTH  BUTLER— Four  Supervisors  authorized.  See  Butler            '50-84 


LIST  OF  SPECIAL  ACTS.  349 

Butler  County — Continued. 

OAKLAND  TOWNSHIP— Polling  place  fixed  '54-312 

Bounty  tax.    Parts  of  acts  of  April  14,  '64,  and  August  22,  '64, 

repealed  '65-719 

PARKER  TOWNSHIP— Polling  place  fixed  '54-312 

Land  of  Z.  B.  Sheppard  annexed  to  '64-826 

To  prevent  cattle,  etc.  running  at  large  '72-280 

PENN  TOWNSHIP— Polling  place  fixed  '54-312 

ROAD    COMMISSIONERS— Election,    powers    and  duties    of.     See 

Supervisors  '46-292 

ROAD  DAMAGES—  '46-292,  '54-62 

ROAD  LAWS  revised  '46-292 

ROAD  TAX— Assessment  and  collection  of  '30-307,  '46-292 

ROAD  VIEWERS— To  be  paid  by  petitioners  '42-125 

SCHOOL  DIRECTORS  AND  TOWNSHIP  AUDITORS  incompatible  '61-391 

SHEEP— To  improve  the  breed  of.     See  Dog  Tax  Ch.  3867 

SLIPPERY  ROCK  TOWNSHIP— Line  established  '42-334 

Polling  place  fixed  '54-313 

Loan  authorized  '68-1047 

Worth  Township  road  law  extended  to  '69-628 

Cattle,  etc.  running  at  large  '73-650 

SOUTH  BUTLER  TOWNSHIP— Polling  place  fixed.  See  Butler     '50-26 

SUMMIT  TOWNSHIP— Polling  place  fixed  '54-312 

SUPERVISORS  to  expend  two-thirds  of  road  tax  before  October  Ist. 

See  Road  Commissioners  '30-307 

To  take  charge  of  Butler  and  Mercer  turnpike  road                    '54-220 

To  remove  driftwood  from  county  bridges  '66-257 

Pay  fixed  by  Auditors  '67-683 

TAXES — Crow   and   Squirrel   scalps   receivable   for.  See  Unseated 

Lands.     Road  Tax.     Assessor  '31-137 

TOWNSHIP  AUDITORS— Election  and  duties  of  '30-308,  '67-683 

And  School  Directors  incompatible  '61-391 

TOWNSHIP  ELECTIONS— Time  of  holding  '54-169 

TOWNSHIP  OFFICERS— Election  of  '54-169,  311,  '68-1053 

TREES,  FRUIT— Protection  of  '55-234,  '67-907 

TRESPASS  ON  ORCHARDS,  etc.  '55-234,  '67-907 

UNSEATED  LANDS— Treasurer's  sale  of  Ch.  4325 

Collection  of  road  taxes  on  '46-294 

VENANGO  TOWNSHIP— Polling  place  fixed  '54-312 

Cattle,  etc.  running  at  large  '73-650 

VIEWERS— See  Road  Viewers 


350  APPENDIX. 

Butler  County — Continued. 

WASHINGTON  TOWNSHIP— Polling  place  fixed  '50-111,  '54-312 

Cattle,  etc.  running  at  large  '72-280 

WINFIELD  TOWNSHIP— Polling  place  fixed  '54-312 

WORTH  TOWNSHIP— Polling  place  fixed  '54-313 

Repair  of  Roads — Road  Commissioners  '66-219 

CAMBRIA  COUNTY. 

Organized  from  parts  of  Huntingdon  and  Somerset  Counties,  March  26,  1804. 

Ch.  2592. 

ALLEGHENY  TOWNSHIP— Separate  school  district  '49-528 

Polling  place  fixed  '54-107 

Land  of  A.  Byrne  restored  to  '63-500 
ALMSHOUSE— See  Poor  House 

ASHLAND  TOWNSHIP— Election  of  School  Directors  '50-345 

BLACK  LICK  TOWNSHIP— Polling  place  fixed  '51-40,  '53-59 

BOARD  OF  REVISION  OF  TAXES  '60-232,  '71-665 

CAMBRIA  TOWNSHIP— Additional  road  tax  authorized  '31-449 

CARROLL  TOWNSHIP— Polling  place  fixed  '54-49 

CHEST  TOWNSHIP— Polling  place  fixed  '54-145 

CLEARFIELD  TOWNSHIP— Separate  school  district  '49-528 

Polling  place  fixed  '62-31 

CONEMAUGH  TOWNSHIP— Separate  election  district  '42-45 

Polling  place  fixed  '44-18,  574 

Part  annexed  to  Johnstown  '51-101 

Elections  regulated  '58-174 

Jury  trials  before  Justice  of  the  Peace  '69-695 

CONSTABLES— Election  of  '44-409 

Duties  of,  in  relation  to  collection  of  taxes  '72-994 

CROYLE  TOWNSHIP— Erection  of  '59-150 

Minimum  road  tax                                              '66-630,  repealed  '95-422 

DAMAGES  BY  FLOOD  '91-27 

DIRECTORS  OF  THE  POOR— Election,  powers  and  duties  of              '54-784 

Pay  fixed  '63-345,  '65-687,  repealed  '01-128,  105 

Tax  to  be  paid  to  County  Treasurer  '73-234 

DOG  TAX  Act  of  May  1,  '61,  repealed  '62-77 

ELECTIONS  regulated  '54-16 

FLOOD— Damage  by  '91-27 

FRUIT — Protection  of  '61-478 

GARDENS — Protection  of  '61-478 

JACKSON  TOWNSHIP— Jury  trials  before  Justices  of  the  Peace      '69-695 


LIST  OF  SPECIAL  ACTS.  351 

Cambria  County — Continued. 

MUNSTER  TOWNSHIP— Polling  place  fixed  '54-348 

OKCHAKDS— Protection  of  '61-478 

OVERSEERS  OF  THE  POOR— To  increase  pay  of  '67-1000 

PAINT  RIDGE  INDEPENDENT  SCHOOL  DISTRICT— Erection  of  '69-1399 

PAUPERS — See  Justice  of  the  Peace — Directors  of  the  Poor. 

POOR  DIRECTORS— See  Directors  of  the  Poor 

POOR  FUNDS — County  Treasurer  to  receive  and  disburse  free  of 

charge  '73-234 

POOR  HOUSE— Erection  of  '54-784 

RICHLAND  TOWNSHIP— Jury  trials  before  Justice  of  the  Peace    '69-695 
ROADS — See  Supervisors 
ROAD  VIEWERS — Number  fixed  at  three,  one  to  be  a  surveyor — 

pay  fixed  '73-258 

SCHOOL  DIRECTORS  may  condemn  land  for  school  houses  '65-228 

SUMJVIERHILL  TOWNSHIP— Polling  place  fixed  '49-540 

A  separate  school  district  '60-510 

SUPERVISORS  to  apply  three-quarters  of  road  tax  before  Sept.  1st  '35-370 

To  perform  duties  of  Overseers  of  the  Poor  '54-784 

To  increase  pay  of  '67-1000 

To  provide  for  the  storage  of  powder  '73-674 

SURVEYORS— See  Road  Viewers 

TAX  SALES— Caveat  emptor  to  apply  '67-1008 

TAXES  to  be  collected  by  County  Treasurer.     See  Constables. 

'72-994,  '85-204.     See  '99-111 
TAYLOR  TOWNSHIP— Polling  place  fixed  '60-600 

Jury  trials  before  Justice  of  the  Peace  '69-695 

TOWNSHIP  ELECTIONS  regulated  '54-16 

TOWNSHIP  OFFICERS— To  increase  fees  of  '67-1000 

TRESPASS  ON  ORCHARDS,  GARDENS,  ETC.— Penalty  for  '61-478 

UNSEATED  LANDS^ale  of  '67-1003 

VIEWERS  OF  ROADS  AND  BRIDGES— Number  to  be  three,  one  to 

be  a  surveyor — Pay  fixed  '73-258 

VOTERS— See  Elections 

WASHINGTON  TOWNSHIP— Election  of  Justice  of  the  Peace    '43-60,  104 

Polling  place  fixed  '44-242 

Separate  school  district  erected  '51-459 

WHITE  TOWNSHIP— Polling  place  fixed  '49-540 

^VILMORE  TOWNSHIP— School  District  '60-510 

YODER  TOWNSHIP— Election  of,  legalized  '60-48 

Elections  regulated  '58-174 

Jury  trials  before  Justices  of  the  Peace  '69-695 


352  APPENDIX. 


CAMERON  COUNTY. 

Organized  from  Clinton,  Elk,  McKean  and  Potter  Counties, 
March  29,  1860,  P.  L.  697. 

CONSTABLE  AND  COLLECTOR— Election  and  duties  of  '67-306 

FKUIT— Protection  of  '71-570 

GIBSON  TOWNSHIP— Bounty  tax  authorized  '66-343 

To  appropriate  certain  moneys  to  repair    State    roads  and 

bridges  thereon  '77-89 

GROVE  TOWNSHIP— Bounty  tax  authorized  '66-343 

ORCHARDS— Protection  of  '71-570 

PORTAGE  TOWNSHIP— Part  of  Sylvania  Township,  annexed  to  '71-1002 

ROAD  COMMISSIONERS— Act  repealed  '66-907 

SHIPPEN  TOWNSHIP— Polling  place  fixed  '63-15 

Special  tax  to  open  a  certain  road  '66-503 

SYLVANIA  TOWNSHIP— Part  of,  annexed  to  Portage  Township  '71-1002 

TRESPASS  on  orchards,  etc.  '71-570 


CARBON  COUNTY. 

Organized  from  parts  of  Northampton  and  Monroe  Counties,  March   13, 

1843,  P.  L.  85. 

ADDITIONAL  ASSESSMENTS— Tax  Collectors  may  make               '61-221 

BANKS  TOWNSHIP— Polling  place  fixed  '44-18 

Separate  school  district  '49-529 

To  regulate  granting  of  licenses  '51-447 

Loan  authorized  '68-243 

{School  loan  authorized  '69-123,  '70-109 

School  bonds  exempt  from  taxation  '70-109 

BRIDGE  VIEWERS— Duties  of  '57-335 

BRIDGES — County  to  maintain  approaches  to  '62-98 

COLLECTION  OF  TAXES— See  Taxes  '44-110,  '66-966 

DIRECTORS  OF  THE  POOR— Election  of  '55-294 

Pay  of  '56-150 

Duties  of  '55-294,  '60-619,  '61-161 

DOGS — Hunting  deer  and  elks  with,  prohibited  '48-223 


LIST  OF  SPECIAL  ACTS.  353 

Carbon  County — Continued. 

ELECTION  OFFICERS— 

Compensation  of                         Act  of  January  25,  '53,  repealed  '83-4 

ELECTIONS  regulated  '52-39,  '63-535 

FRANKLIN  TOWNSHIP— Polling  place  fixed  '51-40,  '52-568 

Erection  of  Poor  House  '63-258 

School  per  capita  tax  to  pay  bounties  '68-758 

Re-audit  of  accounts  '72-1119 

FRUIT— Protection  of  '61-478 

GARDENS— Protection  of  '61-478 

KIDDER  TOWNSHIP— Polling  place  fixed  '49-508 

Divided  into  two  election  districts  '73-201 

LAUSANNE  TOWNSHIP— Boundaries  fixed  '44-599 

Separate  school  district  '49-529 

LOWER  TOWAJVIENSING  TOWNSHIP— 

Cattle,  etc.  running  at  large  '71-205 

School  Directors  authorized  to  collect  a  bounty  tax  '72-823 

MAHONING  TOWNSHIP— Packerton  Independent  School    District 

erected  '72-1165 

MAUCH  CHUNK  TOWNSHIP— Boundaries  fixed  '44-599 

Additional  constable  '49-133 

Polling  place  fixed  '50-87 

Divided  into  two  election  districts  '50-790 

Separate  school  district  '50-612,  '51-103 

Erection  of  a  lock-up  at  Summit  Hill  '60-375,  '73-631 

Repairing  roads  by  contract  '63-108,  '67-384 

Election  of  Supervisors  '66-198 

MIDDLE  COAL  FIELD  POOR  DISTRICT— Organized       '62-178,  '71-1349 
How  boroughs  and  townships  may  be  annexed  to       '72-212,  '01-76 

To  regulate  '73-683 

NESQUEHONING  TOWNSHIP— Supervisors  authorized  to  erect  a 

lock-up  '73-631 

ORCHARDS— Protection  of  '61-478 

OVERSEERS  OF  THE  POOR— Pay  fixed  '67-1102 

PACKER  TOWNSHIP— Election  legalized  '48-481 

School  bonds  legalized  '73-656 

PACKERTON  INDEPENDENT  SCHOOL  DISTRICT  erected  '72-1165 

PENN  FOREST  TOWNSHIP— Polling  place  fixed  '49-508,  '50-87 

POOR  DIRECTORS— See  Directors  of  the  Poor 

POOR  DISTRICT— See  Middle  Coal  Field 

POOR  HOUSE— Erection  and  management  of  '55-294 

POOR  TAXES— Levy  and  collection  of  '60-619,  '61-161 

Special  leA^^  '56-8 


354  APPENDIX. 

Carbon  County — Continued. 

ROADS — Court  of  Monroe  County  to  confirm  certain  '45-450 

ROAD  TAXES— Collection  of  '44-110 

ROAD  VIEWERS— Duties  of  '57-335 

SUPERVISORS— To  act  as  Overseers  of  the  Poor  '43-393 

To  appoint  tax  collectors  '44-110 

To  give  official  bond  '55-488 

Pay  fixed  '67-1102 

TAX  COLLECTORS  may  make  additional  assessments  '61-221 

TAXES,  POOR— levy  and  collection  of  '60-619,  '61-161 

Collection  of  '44-110,  '66-966 

TOWNSHIP  AUDITORS— Pay  fixed  '67-1102 

TRESPASS  on  orchards,  gardens,  etc.,  penalty  for  '61-478 

UNSEATED  LANDS— Sale  of  '45-492,  '71-1341 

VIEWERS— Road  and  bridge,  duties  of  '57-335 

VOTERS— See  Elections 


CENTKE  COUNTY. 

Organized   from  parts   of  Huntingdon,    Lycoming,    Northumberland    and 
Mifflin  Counties,  February  19,  1800.    Ch.  2287. 

ASSESSMENTS— Time  of  making  '49-548,  '50-691 

BENNER  TOWNSHIP— Polling  place  fixed  '57-22 

Repairs  of  roads  '66-496 

BOGGS  TOWNSHIP— Fishing  in  Bald  Eagle  Creek  regulated  '57-73 

Erection  of  Poor  House  '70-1088,  '71-98 

BRIDGE  VIEWERS— Three  to  be  appointed,  one  to  be  a  surveyor    '59-165 
BRIDGES — County  Commissioners  authorized  to  repair  '72-1063 

Act  of  April  13,  '43,  repealed  '44-86 

BURNSIDE  TOWNSHIP— Poor  taxes  on  unseated  lands  '71-693 

Polling  place  fixed  '60-23 

CONSTABLES- Election  of  '27-24 

Eligible  to  re-election  '44-409 

DIRECTORS  OF  THE  POOR— Election,  powers  and  duties  of         '55-392 
DOGS — Hunting  deer  with,  prohibited 

'50-663,    '51-454,   '56-182,    '68-245,  '74-291 
ELECTIONS  regulated  '49-89 

FENCES — Railroad  companies  to  maintain  '68-779 

FRUIT  TREES— Protection  of  '58-111,  '67-907 

GREGG  TOWNSHIP— Bounty  tax  authorized  '66-721 


LIST  OF  SPECIAL  ACTS.  355 

Centre  County — Continued. 

HAINES  TOWNSHIP— To  subscribe  for  stock  of  Bald  Eagle,  Nittany 

&  Brush  Valley  Railroad  Company  '42-106 

Bounty  tax  authorized  '66-37 

HALFMOON  TOWNSHIP— Polling  place  fixed  '43-53,  '44-77 

HARRIS  TOWNSHIP— Loan  authorized  '52-448 

HENRYSBURG  BOROUGH— Water  tax  '30-4 

HOWARD  TOWNSHIP— Election  of  officers— Special  tax  authorized  '73-531 
JONES  INDEPENDENT  SCHOOL  DISTRICT— Erection  of  '73-645 

LAND — Taxes  a  lien  on  '50-453 

MARION  TOWNSHIP— Erection  of  '40-86 

MILES  TOWNSHIP — Supervisors  authorized  to  subscribe  for  rail- 
road stock  '41-334 
Tax  to  pay  for  railroad  stock  authorized  '42-106 
Part  of  Wayne  Township,  Lycoming  County,  annexed  to      Ch.  4592 
Bounty  tax  authorized  '66-340 
Polling  place  fixed                                                          '44-14,  77  '62-112 
MILESBURG  SCHOOL  DISTRICT— Loan  authorized  '62-340 
ORCHARDS— Protection  of                                                         '58-111,  '67-907 
OVERSEERS  OF  THE  POOR  abolished                                                  '55-396 
PAUPERS — Care  and  employment  of                                                       '55-392 
POOR  HOUSE— 

Erection  of  in  Milesburg  and  Boggs  Township  '70-1088,  '71-98 

Erection  of  '55-392 

POOR  TAXES  ON  UNSEATED  LAND— Collection  of  '72-152 

ROAD  TAX— One-half  to  be  worked  out  before  September  1st  '30-25 

ROAD  VIEWERS— Appointment  and  duties  of  73-402 

ROADS  Act  of  April  13th,  '43,  repealed  '44-86 

RUSH  TOWNSHIP— Polling  place  fixed  '44-243 

SHEEP— To  improve  breed  of  Ch.  3779 

SHEEP  AND   SWINE 

Destroyed  by  railroad,  recovery  of  damages  for  '68-779 

SNOW  SHOE  TOWNSHIP— Poor  taxes  on  unseated  lands  '71-693 

SUPERVISORS — ^To  remove  obstructions  in  navigable  streams         Ch.  5111 

Authorized  to  collect  road  tax  Ch.  4873 

To  work  road  tax  before  September  1st  '30-25 

To  perform  duties  of  Overseers  of  the  Poor  '55-396 

TAYLOR  TOWNSHIP— Poor  taxes  on  unseated  lands  '71-693 

TOWNSHIP  AUDITORS— Election  and  duties  of  '30-26 

TREES- Protection  of  '58-111,  '67-907 

23 


356 


APPENDIX. 


Centre  CJounty — Continued. 
VIEWERS  OF  ROADS  AND  BRIDGES 

Appointment  and  duties  of  '59-165,  '73-402 
WALKER   TOWNSHIP — Supervisors    authorized   to   subscribe    for 

railroad  stock  '41-334 

Bounty  tax  authorized  '69-1214 

WORTH  TOWNSHIP— Poor  tax  on  unseated  lands  '71-693 

Polling  place  changed  '64-679 


CHESTER  COUNTY. 

One  of  the  three  original  counties  organized  in  1682. 

ASSESSMENT  OF  TAXES  regulated  '42-304,  '46-250 

BIRMINGHAM  TOWNSHIP— Dog  tax  repealed  '43-285 

Election  of  supervisors  '44-287 

Dog  tax  '46-331 

Streets  and  roads,  laying  out,  opening  and  repair  of  '50-646 

West  Marlborough  road  law  extended  to  '71-992 

Supervisors  to  let  repairs  to  roads  by  contract  '72-1040 

Roads  Section  3  of  Act  of  April  9,  '72,  repealed  '73-577 

BRADFORD  TOWNSHIP— Opening  of  roads  '48-105 

BRAND YWINE  TOWNSHIP— Act  for  repairing  of  roads  by  contract, 

repealed  '42-75 

BRIDGES — Between  townships,  repairs  on — inspection  of  bridges      '69-173 

CALN  TOWNSHIP— Maintenance  of  roads.     See  East  Cain— West 

Cain  '69-384 

Taxation  of  dogs  Act  of  April  14,  '46,  repealed  '70-122 

CATTLE — Prohibited  from  running  at  large 

See  Strays  '55-351,  '63-322,  '68-573 

CHARLESTON  TOWNSHIP— Dog  tax  '50-176,  repealed  1903-289 

Roads  and  bridges  Act  of  February  10th,  '65,  repealed  '85-8 

COCHRANVILLE  SCHOOL  DISTRICT— Erection  of  '63-421 

Loan  authorized  '64-51 

Abolished  '64-816 

CONSTABLES— Fees  fixed  '54-597,  '65-721 

Duties  in  relation  to  collection  of  taxes  '68-595 

COVENTRY  TOWNSHIP— Duties  of  Auditors  and  Supervisors       '40-547 
Dog  tax  repealed  '40-546 

DIRECTORS  OF  THE  POOR— Duties  and  election  of  Ch.  1960,  '24-206 

Empowered  to  bind  out  apprentices  Ch.  2405 

To  furnish  estimates  to  county  commissioners  Ch.  2786 


LIST  OF  SPECIAL  ACTS.  357 

Chester  Covinty — Continued. 

Number  of,  reduced  to  three — to  publish  annual  statement  Ch.  3257 
Authorized  to  appoint  a  clerk  Ch.  4789 

May  administer  oaths  '31-127 

Sale  of  property  of  paupers  '40-731 

Authorized  to  sell  real  estate  of  Ann  Boyers  '44-189 

Term  to  begin  January   1st  '55-75 

May   grant   relief   without   intervention   of   Justices   of   the 

Peace  '49-94,  '69-1146 

DOGS — Trespassing,  may  be  killed  '31-496 

Kegistration  of  '54-286 

DOG  TAX  Ch.  3048,  5026,  '31-496,  '43-285,  '45-204,  '47-255 

EAST  BRADFORD  TOWNSHIP— Dog  tax  repealed  '43-285 

Dog  tax  '46-331 

Opening  and  maintenance  of  roads  '48-187,  '49-132 

Sale  of  school  house  and  lot  '50-200,  '53-121 

Bounty   tax   authorized  '69-691 

Road  repairs  '59-179,  '71-1145,  '89-174 

EAST  BRAND YWINE  TOWNSHIP— Dog  tax  '52-117 

Polling  place  fixed  '44-574,  '54-357 

Special  school  tax  authorized  '69-627 

Relative  to  road  repairs      Act  of  February  9,  '66,  repealed  '72-678 

EAST  CALN  TOWNSHIP— Election  of  constable— See  Cain  '32-148 

Dog  tax  '47-255 

Collection  of  school  taxes  '50-100 

Repairing  of  roads  '62-95,  repealed  '95-285 

EAST  COVENTRY  TOWNSHIP— Election  of  Supervisors  and  Jus- 
tices of  the  Peace  '45-188 

EAST    FALLOWFIELD    TOWNSHIP— Repairing    roads    by    con- 
tract repealed  '42-75 
Opening  roads  and  building  bridges  '46-51 
Dog  tax                                                                                                '47-255 
Roads,  Act  of  March   16,   '66,  repealed,    general    road    law 

adopted  '71-592 

Election  of  Supervisor  Act  of  May  6,  '71,  repealed  '72-669 

EAST  GOSHEN  TOWNSHIP— Dog  tax  repealed  '43-285 

Roads  Act  of  March  27,  '39,  repealed  '41-89 

Dog  tax  '46-331 

EAST  MARLBOROUGH  TOWNSHIP— Road  repairs  '43-286 

Dog  tax  '45-204,   '46-331 

Opening  and  repairs  of  roads  and  erection  of  bridges 

'59-186  repealed  '97-182 


358  APPENDIX. 

Chester  County — Continued. 

EAST   NANTMEAL  TOWNSHIP— Dog    tax    repealed.     See    Nant- 

meal  '42-103 

Repairing  roads  by  contract  repealed  '42-75 

School  and  road  taxes  Act  of  June  23,  '42  repealed  '43-332 

Polling  place   fixed  '43-55 

Land  of  Levi  Bull  attached  to  '49-529 

EAST  NOTTINGHAM  TOWNSHIP— Dog  tax  '57-179,  '65-493 

Duties  of  Auditors  '44-509 

Roads  Act  of  March  27,  '39,  repealed  '41-90 

Repealing  all  taxes  on  dogs,  killing  of  same  authorized  '72-288 

Taxation  of  dogs  and  reduction  of  debt  '73-721 

EAST  PIKELAND  TOWNSHIP— Dog  tax  repealed  '42-103 

Roads  Act  of  March  27,  '39,  repealed  '41-90 

Dog  tax.     See  Act  of  June  6,  '93-334  '51-236 

EAST   VINCENT  TOWNSHIP— Duties  of  Auditors   and  Supervis- 
ors '40-547 
Roads                                             Act  of  March  27,  '39,  repealed  '41-89 
Dog  tax     See  Act  of  June  6,  '93-334                             '40-546,  '51-236 

EAST  WHITELAND  TOWNSHIP— Additional   school  tax  '46-373 

Roads  Act  of  March  27,  '39,  repealed  '41-90 

Dog  tax  '49-501,  '50-176 

Surplus  payable  to  school  fund  '49-501 

ELECTIONS   regulated  '55-99 

ELK  TOWNSHIP— All  special  road  laws  repealed  '70-147 

FRANKLIN  TOWNSHIP— Polling  place  fixed  '63-2 

Tax  on  dogs  '53-465 

Roads  Act  of  April  11,  '54,  repealed  '68-275 

FRUIT— Preservation  of  '55-234 

GARDENS— Protection  of  '55-234 

HIGHLAND  TOWNSHIP— Polling  place  fixed  '54-16 

HOGS — See  Swine. 

HONEYBROOK  TOWNSHIP— Road   repairs  '43-286 

Dog  tax  repealed  '43-285 

Act  of  April  14,  '46,  repealed.     See  Act  of  May  15,  '93-47 

Bounty  tax  authorized  '65-111 

Laying  tax  on  dogs  for  protection  of  sheep  '72-1105 

JUSTICES  OF  THE  PEACE— Duties  of  in  relation  to  paupers        '24-206 

KENNETT  TOWNSHIP— Dog  tax  '47-255 

Repairing  of  roads  '48-187,  '53-115,  '89-178 

LONDON  BRITAIN  TOWNSHIP— Dog  tax  repealed  '43-285 

Roads  and  bridges  '60-134 


LIST  OF  SPECIAL  ACTS.  359 

Chester  County — Continued. 

LONDON  GROVE  TOWNSHIP 

Repairs  of  roads  '42-75,  '45-262,  repealed  1903,  240 

Dog   tax  '51-236 

Title  to  school  house  and  lot  '53-175 

LONDONDERRY  TOWNSHIP— Taxation  of  dogs  '67-400 

Roads  Act  of  March  27,  '39,  repealed  '41-90 

LOWER  OXFORD  TOWNSHIP— Repairing  roads  by  contract,  re- 
pealed '42-252 
Auditors  to  assign  repairs  of  roads  to  land  owners                   '43-335 
Repairs  of  roads           Part  of  Act  of  April  18,  '43,  repealed  '57-213 
Dog  tax  '64-126 

NANTMEAL   TOWNSHIP— Annexation   of   Levi   Bull's   farm.     See 

East  Nantmeal — West  Nantmeal  Act  repealed  '53-189 

Levy  and  collection  of  school  tax  '46-373 

NEW    GARDEN    TOWNSHIP— Repairing    roads    by    contract    re- 
pealed '42-75 
Election  and  duties  of  Supervisors                                    '45-129,  130 
Dog  tax                                                                                           '52-117 

NEWLIN  TOWNSHIP— Repairing  roads  '43-286 

Dog  tax  '46-331 

Opening  and  maintenance  of  roads — bridges        '60-134,  rep.  '99-239 
Erection  of  town  house  '68-585 

NEW     LONDON    TOWNSHIP— Repairing    roads    by    contract,    re- 
pealed '42-75 
Polling  place  fixed                                                                              '44-241 
Opening  and  repairing  of  roads  and  erection  of  bridges 

'59-186,  repealed  1901-139 
Protection  of  sidewalks  '60-215 

Dog  tax  authorized  '69-408 

NORTH  COVENTRY  TOWNSHIP— Separate  election  district  '42-55 

Roads  Act  of  March  27,  '39,  repealed  '41-89 

Election  of  Supervisor  '49-125 

NOXIOUS  WEEDS— Prevention  of  '67-336 

ORCHARDS— Preservation  of  '55-234 

Overseers  of  Poor  abolished  Ch.   1960 

PAUPERS— Care  and  employment  of  Ch.  1960,  '24-206 

Disposal  of  property  of  '40-731 

Admission  of,  to  poorhouse  '49-94 

Relief  of  '69-1146 

How  settlement  acquired  '50-697 


360  APPENDIX. 

Chester  County — Continued. 

PENN  TOWNSHIP— School  Directors  authorized  to  sell  land  '47-202 

Roads  Act  of  March  27,  '39,  repealed  '41-89 

Dog  tax  authorized  '58-409 

Opening  of  roads — bridges  '60-134 

Roads  and  bridges  Act  of  February  12,  '59,  repealed  '85-26 

PENNSBURY  TOWNSHIP 

Election  and  duties  of  Supervisors  '45-129,  130 

Act  of  May  11,  '45,  repealed  ^ee  Act  of  May  31,  '93-186 

Assessment  and  collection  of  school  tax  '45-187,  207 

Election  of  Supervisors,  building  bridges  and  opening  roads 

by  contract  '50-234 

Act  of  March  22,  '50,  repealed         See  Act  of  May  15,  '93-49 

Taxation  of  dogs  '57-179 

POCOPSON  TOWNSHIP— Building  bridges  and  opening  roads  by 

contract  '50-234 

Dog  tax — Election  and  powers  of  Supervisors  '50-234 

Polling  place  fixed  '50-88,  '52-117 

Repair  of  roads  '65-306 

Election  of  Supervisors  '70-126 

POOR  DIRECTORS— See  Directors  of  the  Poor. 

POOR  HOUSE— Erection  of  Ch.  I960 

Treasurer  abolished — Duties  and  pay  of  steward  and  matron  Ch.  3257 
Steward  may  administer  oaths  to  witnesses  '40-731 

REGISTRATION  OF  DOGS  '54-286 

ROAD  TAXES— Assessment  of  '42-304 

ROADS — Repairs  of.     See  Supervisors 

'39-191,  '41-295,  '42-252,  '43-285,  '53-428 
Expenses  of  laying  out 

Acts  of  April  27,  '55  and  April  28,  '57,  repealed  '62-334 
Maintenance  of  '69-173 

Opening  of  '69-173,  '71-764 

ROAD  VIEWERS  to  give  notice  to  Supervisors  '58-359 

Compensation  and  duties  '57-338,  '71-764 

SCHOOL  DIRECTORS— Authorized  to  condemn  land  '54-671,  '60-664 

SCHOOL  TAXES— Collection  of  '45-186,  '52-383 

SCHUYLKILL  TOWNSHIP— Sale  of  school  lot  '49-330 

Roads  Act  of  March  27,  '39,  repealed  '41-89 

Dog  tax  '55-70,  '56-612,   '91-56 

Bounty  fund  transferred  to  school  fund  '67-330 

School  district,  title  to  certain  land  vested  in  '70-442 

Additional  school  tax  '44-347 


LIST  OF  SPECIAL  ACTS.  361 

Chester  County — Continued. 

SHEEP— To  improve  breed  of.    See  Dog  Tax  Ch.  3048,  3867 

Prohibited  from  running  at  large.  See  Strays '55-351,  '63-322,  '68-573 

SOUTH    COVENTRY    TOWNSHIP— Niunber    of    Justices    of    the 

Peace  and  Supervisors  to  be  elected  '47-259 

Act  of  March  6,  '49,  repealed  See  Act  of  May  15,  '93-48 

Roads,  opening  and  maintenance  of  '60-165 

Act  of  March  27,  '39,  repealed  '41-89 
Dog  tax  '68-433 

Roads  Act  of  March  14,  '60,  repealed  '68-659 

Offices  of  Constable  and  Assessor  consolidated  '69-219 

SPRINGTON  TOWNSHIP— Name  changed  '52-570 

Polling  place  fixed  '52-381,  455 

SUPERVISORS — Duties  of  in  relation  to  paupers. 

See  Roads  Ch.  1960,  2387 

To  repair  roads  at  cost  of  contractors  '41-295 

To  assess  taxes  '42-304 

To  give  official  bond  '55-488,  '70-278 

To  have  notice  from  road  viewers  '58-359 

Pay  fixed  '68-246 

Duties  of  '69-173 

SWINE— Prohibited  from  running  at  large.  '63-322,  '68-573 

TAXES— Collection  of, 

'45-186,   '49-167,   '52-383,   '68-595,  '69-553,  '72-820,  '85-204 
Assessment  of  '42-304,  '46-250 

THORNBURY  TOWNSHIP— Dog  tax  repealed  '43-285 

Dog  tax  '46-331 

School  District  erected  '52-504 

Boundaries    extended  '64-509 

Opening  and  maintenance  of  roads  '52-350 

Land  of  S.  J.  Sharpless  annexed  to  '63-404 

Repairing  roads  by  contract  '73-477 

Supervisors,  election  and  duties  of  '73-476 

TOWN  CLERK— Election  of  Ch.  2865 

TOWNSHIP  AUDITORS— Pay   fixed  '68-246 

Election  and  duties  of  '31-339 

TREDYFFRIN  TOWNSHIP— Polling  place  fixed  '43-50 

Repair  of  roads  Act  of  March  27,  '39  repealed,  '40-401 

Additional   school   tax  '46-373 

Dog  tax  '50-176.     Repealed  by  Act  May  31,  "93 

TRESPASS  on  orchards,  etc.  '55-234 

By  dogs  '31 -iDG 


362  APPENDIX. 

Chester  County — Continued. 

UNION  SCHOOL  DISTRICT  erected  '61-518 
UPPER  OXFORD  TOWNSHIP— Repairing  roads  by  contract,   re- 
pealed '42-75 
Dog  tax  '61-601 
School  loan  authorized  '64-792 

UWCHLAN  TOWNSHIP— Additional  school  tax  '46-373 

Dog  tax  '46-331 

Repair  of  roads  '41-39,  '65-336 

Roads  Act  of  March  14,  '64,  repealed  '71-608 

VALLEY  TOWNSHIP— Dog  tax  '53-75 

Polling  place  fixed  '53-75 

Roads  Act  of  April  11,  '54,  repealed  '57-33 

Lock-up  at  Coatesville  '60-258 

School  loan  authorized  '65-437 

Additional  tax  authorized  '70-409 

Roads  Act  of  February  14,  '67,  repealed  '71-561 

WALLACE  TOWNSHIP— Polling  place  fixed  '53-381,  455 

Name  changed  '52-570 

Dog  tax  Act  of  May  4,  '64,  repealed  '69-1064 

WARWICK  TOWNSHIP— Separate  election  district  '44-76 

Collection  of  school  taxes  '72-231 

WEST  BRADFORD  TOWNSHIP— Road  repairs  '43-286 

Dog  tax  '45-204,  '47-255 

Roads  Act  of  March  8,  '60,  repealed  '70-176 

WEST  BRANDYWINE  TOWNSHIP— Polling  place  fixed  '49-545 

Dog  tax  '58-168 

Roads  Act  of  April  1,  '68,  repealed  '69-614 

WEST    CALN    TOWNSHIP— Bequest    of    A.    Dawson    applied    to 

School  purposes.     See  Cain  '37-231 

Roads  Act  of  March  27,  '39,  repealed  '41-142 

Dog  tax  Act  of  April  4,  '31,  repealed  '60-332 

Dog  tax  '66-474 

WEST  FALLOWFIELD  TOWNSHIP— 

Election  of  Constables  '29-90,  '42-303 

Dog  tax  '46-331,  '48-21,  '64-773 

Roads  Act  of  March  27,  '39,  repealed  '41-39 

Polling  place  fixed  '54-16 

Assessment  and  collection  of  dog  tax  '64-773 


LIST  OF  SPECIAL  ACTS.  363 

Chester  County — Continued. 

WEST  GOSHEN  TOWNSHIP— Dog  tax  repealed  '43-285 

Assessment  and  collection  of  school  tax  '45-186 

Dog  tax  '46-331 

Koads  Act  of  March  27,  '39,  repealed  '41-89 

Act  March  26,  '62,  repealed  '69-353 
Act  March  18,  '59,  repealed  '83-126 

WEST  GROVE  TOWNSHIP — ^Repairing  roads  by  contract  repealed  '42-126 

WEST  MARLBOROUGH  TOWNSHIP— Repairing  roads  by  contract 

repealed  '42-75 

In  relation  to  schools  '49-154 

Tax  on  dogs  '45-204 

Act  of  March  9,  '55,  repealed.    See  Act  of  May  30,  '93-183 

Roads  and  bridges  Act  of  February  12,  '59,  repealed  '83-78 

WEST  NANTMEAL  TOWNSHIP — Repairing  roads  by  contract,  re- 
pealed '42-75 
Dog  tax  repealed  '43-285 
Additional  school  tax  '46-373 
Polling  place  fixed  '43-55,  '52-381,  455 
Sale  of  school  building                                                                    '70-1034 

WEST  NOTTINGHAM  TOWNSHIP— Dogs,  taxation  of  '59-232 

Duties  of  Auditors  '44-509 

Dog  tax  abolished  '71-1132 

Repairs  to  roads  Act  of  May  25,  '71,  repealed  '87-170 

WEST  PIKELAND  TOWNSHIP— Repairing  of  roads  by  contract 

repealed  '42-252 

Dog  tax  repealed  '43-285 

Dog  tax  '52-383 

WESTTOWN  TOWNSHIP— Dog  tax  repealed  '43-285 

Dog  tax  Act  of  April  1,  '52,  repealed  '91-111 

School  district  erected  '52-504 

Land  annexed  to  Westtown   and  Thornburg  Eastern   School 

district  '64-509 

Maintenance  of  roads — Supervisors  '68-363 

Thornburg  Eastern  School  District,  loan  authorized  '68-843 

Exemption  of  school  property 

Act  of  February  24,  '47,  repealed  '70-1162 
Mechanics'  liens  '78-94 

Duties  of  Supervisors  Act  of  May  19,  '71,  repealed  '78-94 

Municipal  powers  Act  of  May  19,  '71,  repealed  '78-94 


364  APPENDIX. 

Chester  County — Continued. 

WEST   VINCENT   TOWNSHIP— Duties     of   Auditors     and   Super- 
visors '40-547 
Roads                                              Act  of  March  27,  '39,  repealed  '41-89 
Dog  tax                                                                                '40-546,  '51-236 

WEST  WHITELAND  TOWNSHIP— Dog  tax  '51-236 

Repairs  of  roads  '41-142,  '63-107,  '89-166 

WILLISTOWN  TOWNSHIP— Additional  school  tax  '46-373 

Roads  Act  of  March  27,  '39,  repealed  '41-90,  142 

Dog  tax  '52-117 

Baptist  Church  Society  authorized  to  remove  dead  '68-1287 


CLABION  COUNTY. 

Organized   from   parts   of   Armstrong   and  Venango  Counties,   March    11, 

1839,  P.  L.  51. 

CLARION  TOWNSHIP— Making  new  roads 

Act  of  March  18,  '48,  repealed  '49-427 

Annexation  of  real  estate  Act  of  April  5,  '63,  repealed  '64-411 

DIRECTORS  OF  THE  POOR— Election  of. 

See  County  Commissioners  '65-501,  '66-608 

Pay  fixed  '67-744 

DOG  TAX  repealed  '55-30 

FARMINGTON  TOWNSHIP— Polling  place  fixed  '50-113 

FRANKLIN  INDEPENDENT  SCHOOL  DISTRICT  '58-179 

FRUIT— Protection  of  '55-169 

HELEN  TOWNSHIP— Separate  election  district  '49-560 
INDEPENDENT  SCHOOL  DISTRICT  Act  of  April  4,  '66,  repealed  '85-183 

JUSTICE  OF  THE  PEACE— Election  of  '42-438 

KNOX  TOWNSHIP— Polling  place  fixed  '54-160 

LICKING  TOWNSHIP— Polling  place  fixed  '52-37 

LIMESTONE  TOWNSHIP— Separate  election  district  '42-52 

MADISON  TOWNSHIP— Polling  place  fixed  '43-48,  '49-557 
MELVILLE  INDEPENDENT  SCHOOL  DISTRICT 

Act  of  April  4,  '66,  repealed,  '85-183 

MILL  CREEK  TOWNSHIP— Polling  place  fixed  '52-39 

MONROE  TOWNSHIP— Bounty  money  '67-917 

OAK  HALL  INDEPENDENT  SCHOOL  DISTRICT  '62-212 

ORCHARDS— Protection  of  '55-169 


LIST  OF  SPECIAL  ACTS.  3^5 

Clarion  County — Contmued. 

PAINT  TOWNSHIP — Making  new  roads 

Act  of  March  18,  '48,  repealed  '49-427 

PERRY  TOWNSHIP— Polling  place  fixed  '42-333,  '51-42,  424 

PINE  GROVE  SCHOOL  DISTRICT,  No.  2,  erected  '42-450 

PINEY  TOWNSHIP— Polling  place  changed  '59-282 

Erection  of  Poor  House  authorized  '73-763 
POOR  DIRECTORS— See  Directors  of  the  Poor. 

POOR  HOUSE— Erection  of  '65-501,  '66-608,  repealed  1901-135 

PORTER  TOWNSHIP— Polling  place  fixed  '42-478 

Separate  election  district  '42-326 

RED  BANK  TOWNSHIP— Separate  election  district  '42-322 

ROAD  VIEWERS— Powers  and  duties  of  '45-254 

SHEEP- To  improve  the  breed  of  '60-55 
SUPERVISORS— Compensation  fixed                       '65-531,  '68-200,  '73-452 

TAXES— Collection  of  '52-568,  '65-511 

TOBY  TOWNSHIP— Polling  place  fixed  '44-242,  '49-767 

TOWNSHIP  AUDITORS— Compensation  fixed  '73-452 

TOWNSHIP  ELECTIONS— Time  of  holding  '47-297 

TRESPASS  ON  ORCHARDS,  ETC.  '55-169 

VIEWERS  OF  ROADS  '45-254 

WASHINGTON  TOWNSHIP— Polling  place  fixed  '53-118 


CLEARFIELD  COUNTY. 

Organized  from  parts  of  Cambria,  Jefferson,  McKean,  Potter  and  Tioga 
Counties.     March  20,  1804,  Ch.  2466. 

AiSSESSMENTS  to  be  copied  '63-110 

ASSESSORS'  pay  increased  '65-307 

Election  of  '50-116,  '71-557,  '73-488 

BECCARIA  TOWNSHIP— Polling  place  changed  '44-244,  573 

Poor  tax  may  be  levied  on  unseated  lands  '73-263 

BRADFORD  TOWNSHIP— Polling  place  '44-14 

Oflicial  acts  of  Samuel  A.  Caldwell,  Justice  of  the  Peace,  vali- 
dated '72-483 
BRIDGE  VIEWERS— Pay  fixed  '45-25,  '72-499 
BRIDGES— County,  proceedings  to  obtain  county  funds  '70-1204 
CHEST  TOWNSHIP— Polling  place  fixed  '53-204 
COLLECTION   OF   TAXES 

Acts  of  March  18,  '70,  and  April  3,  '72,  repealed  '78-152 


366  APPENDIX. 

Clearfield  County — Continued. 

CONSTABLES — Eligibility  to  re-election  '27-24 

COVINGTON  TOWNSHIP— Separate  School  District  '42-47 

School  loan  authorized  '65-234 

DECATUR  TOWNSHIP— Polling  place  fixed  '42-334 

DISTRICT  TREASURER— To  provide  for  election  of  '72-1098 

Act  of  April  9,  '72,  amended  '73-179 

Act  of  February  27,  '73,  modified  '73-443 

Section  3,  of  Act  of  April  9,  '72,  repealed  '87-175 

ELECTIONS— When  to  be  held  '64-170,  '68-480,  '71-1365,  '73-560 

FOX  TOWNSHIP— Polling  place  fixed  '44-75 

Part  annexed  to  Elk  County  and  part  to  Jefferson  County,    '68-651 

GIRARD  TOWNSHIP— Polling  place  fixed  '43-54 

GULICH  TOWNSHIP— Polling  place  fixed  '60-551 

HUSTON   TOWNSHIP— Lands   annexed   to   Horton   Township,   Elk 

County  '71-125 

JORDAN  TOWNSHIP— Polling  place  fixed  '44-19,  '53-648 

KARTHAUS — Separate  election  district  '42-55 

Polling  place  fixed  '66-759 

LAWRENCE   TOWNSHIP— Land   of   Eli    Bloom   annexed   to,    for 

school  purposes  '64-853 

Certain  territory  annexed  to  '73-762 

MORRIS  TOWNSHIP— Polling  place  fixed  '42-45,  '51-40,  '53-385 

OVERSEERS  OF  THE  POOR— Compensation  fixed  '72-499 

Settlement  of  accounts  of  '30-190 

PENN  TOWNSHIP— Polling  place  fixed  '51-445 

PIKE  TOWNSHIP— Polling  place  fixed  '51-520,  '52-568 

PINE  TOWNSHIP— Erection  of  '73-762 

ROAD  MASTERS— Election  of  '44-568 

ROAD  TAXES  restricted  to  five  mills  '44-111 

Act  of  April  13,  '43,  repealed  '44-86 
ROAD  VIEWERS— Pay  fixed  '72-499 

Duties  defined  '45-25 

ROADS  over  wild  land  for  lumbering  purposes  '71-868,  '73-488 

SUPERVISORS  authorized  to  lay  ten  mills  road  tax  Ch.  4873 

Duties  of  '30-191 

Election  of  '44-568 

Authorized  to  lay  special  tax  for  payment  of  township  debts    '49-185 
Compensation  of  '72-499 

TAX  COLLECTORS— Section  3  of  Act  of  April  9,  '72,  directing  pay- 
ment to  district  treasurer  repealed  '87-175 


LIST  OF  SPECIAL  ACTS.  367 

Clearfield  County — Continued. 

TAXES — Assessments  of.     See  Road  Taxes  '50-116 

Collection  of      Acts  of  March  18,  '70,  and  April  3,  '72,  rep.  '78-152 

TOWNSHIP  AUDITORS— Election  and  duties  of  '30-190 

Time  to  make  settlement  '63-144 

Compensation  of  '72-499 
TOWNSHIP  TREASURER— See  District  Treasurer 

UNION  TOWNSHIP— Separate  election  district  '49-555 

Certain  lands  annexed  to  '73-762 

VIEWERS— Bridge  and  road,  pay  fixed  '45-25,  '72-499 

WEST  BRUNSWICK  TOWNSHIP— Separate  election  district  '44-574 

WOODWARD  TOWNSHIP— Polling  place  fixed  '51-829 

Overseers  of  Poor  authorized  to  sell  land  '71-1325 


CLINTON  COUNTY. 

Organized  from  parts  of  Lycoming  and  Centre  Counties,  June  21,   1839. 

P.  L.  362. 

ALLISON  TOWNSHIP— Polling  place  fixed  '44-79,  577,  '51-425 

Restriction  of  boimdaries  Act  repealed,  '71-684,  '72-1017 

ASSESSORS  not  required  to  attend  elections  '44-220 

BALD  EAGLE  TOWNSHIP— Unseated  land  tax  to  be  paid  to         '44-244 

Election  and  duties  of  township  treasurer  '44-244 

Polling  place  fixed  '44-241,  '51-31 

Boimty  on  muskrats  Act  of  February  26,  '61,  repealed  '62-276 

BARTON  INDEPENDENT  SCHOOL  DISTRICT,  erected  '68-1155 

BEECH  CREEK  TOWNSHIP— Polling  place  fixed  '51-31 

Bounty  on  muskrats  Act  of  February  26,  '61,  repealed  '62-276 

Appropriation  of  road  taxes      Act  of  April  11,  '68,  repealed  '70-199 

Part  of,  included  in  Jones  Independent  School  District  '73-645 

BRIDGE  REPAIRS  Act  of  April  13,  '43,  repealed  '76-200 

CATTLE  prohibited  from  running  at  large  '65-675 

CHAPMAN  TOWNSHIP— Canal  towpath  a  public  highway  '42-458 

Supervisors  to  give  security  for  unseated  land  tax  '51-646 

Two  election  districts  '67-747 

Bounty  tax  authorized  '70-287 

Bounty   claims  '71-323 

COLEBROOK  TOWNSHIP— Canal  towpath  a  public  highway  '42-458 

Part  annexed  to  Brown  Township,  Lycoming  Coimty  '67-1019 

Supervisors  to  give  security  for  unseated  land  tax  '51-646 


368  APPENDIX. 

Clinton  County — Continued. 

COUNTY  COMMISSIONERS— To  levy  road  taxes  on  unseated  lands 

in  certain  cases  '73-591 

CRAWFORD  TOWNSHIP— Polling  place  fixed  '42-43,  '50-85,  '57-24 

Supervisors  to  give  security  '59-323 

Bounty  tax  authorized  '66-906 

DOGS— Penalty  for  killing  '58-455 

DOG  TAX  '58-455,  '60-221,  '62-322 

To    be    appropriated    for    school    purposes,    except    in    Lock 

Haven  '73-652,  repealed  '95-240 

DUNNSTABLE  TOWNSHIP— Polling  place  fixed  '54-446 

Elections  regulated  '40-79 

ELECTIONS— Township— Time  of  holding  '44-79,  244 

Assessors  not  required  to  attend  '44-220 

FRUIT  AND  FRUIT  TREES 

Protection  of  '59-490,  '64-130,  '67-907,  '70-1201 

GREEN  TOWNSHIP— Polling  place  fixed  '42-43,  '51-425 

Hunting  deer  with  dogs  '50-633 

Bounty  tax  authorized  '68-394 

Dog  tax  repealed  '71-1192 

GROVE  TOWNSHIP— Polling  place  fixed  '42-50,  333 

Supervisors  to  give  security  for  unseated  land  tax  '51-646 

GRUGAN  DISTRICT— Polling  place  fixed  '52-405 

JONES  INDEPENDENT  SCHOOL  DISTRICT— Erection  of  '73-645 

KEATING  TOWNSHIP— Polling  place  fixed  '53-24,  59 

Supervisors  to  give  security  for  unseated  land  tax  '51-646 

Part  of,  included  in  Jones  Ind.  School  District  '73-645 

LAMAR  TOWNSHIP— Hunting  deer.  Act  of  April  13,  '50,  repealed  '51-428 

Polling  place  fixed  '54-48 

Protection  of  fish  in  '71-1006,  '72-283 

LEIDY  TOWNSHIP— Bounty  tax  '71-1156 

Supervisors  to  give  security  for  unseated  land  tax  '51-646 

LIMESTONE  TOWNSHIP— Separate  election  district  '41-11 

LOGAN  TOWNSHIP— Polling  place  fixed  '42-43 

Dog  tax  repealed  '71-1192 

Hunting  deer  with  dogs  '50-633 

LUMBER  TOWNSHIP— Polling  place  fixed  '44-19 

Supervisors  to  give  security  for  unseated  land  tax  '51-646 

ORCHARDS— Protection  of  '59-490,  '64-130,  '67-907,  '70-1201 

PORTER  TOWNSHIP— Hunting  deer.  Act  of  April  13,  '50  repealed  '51-428 

Protection  of  fish  in  '71-1006,  '72-283 

ROAD— State  Act  of  April  10,  '49,  repealed  '50-11 


LIST  OF  SPECIAL  ACTS. 


369 


Clinton  County — Continued. 

KOADS  Act  of  March  11,  '44,  repealed  '76-200 

Over  wild  lands  for  lumbering  '71-868,  '73-488 

ROAD  TAX — Certain,  how  expended  '68-839 

On  Tinseated  lands,  to  be  levied  by  County  Commissioners  in 

certain  cases  '73-591 

ROAD  VIEWERS— Powers  and  duties  of  '45-52 

fcjHEEP— Payments  of  damages  to.     See  Dog  Tax  '62-322 

Prohibited  from  running  at  large  '65-675 

TAXES— Assessment  of  '52-444 

TOWNSHIP  ELECTIONS— Time  for  holding  '44-79,  244 

TREES,  FRUIT— To  prevent  destruction  of 

'59-490,  '64-130,  '67-907,  '70-1201 
UNSEATED  LANDS— Sale  of  '44-510 

Fees  of  Sale  of  '70-832 

County  Commissioners  to  levy  road  tax  on,  in  certain  cases,    '73-591 
VOTERS— See  Elections. 
WAYNE  TOWNSHIP— Separate  election  district  '42-43 

■Supervisors  authorized  to  borrow  money  '72-893 

WOODWAIID  TOWNSHIP— Separate  election  district  '42-127 


COLUMBIA  COUNTY. 

Organized  from  a  part  of  Northimiberland  County,  March  22,  1813. 
Chapter  3707. 

BEAVER  TOWNSHIP— Collection  of  school  taxes  '51-829 

Polling  place  fixed  '51-43,  '52-37 

BENTON  TOWNSHIP— Separate  election  district  '51-43 

Swine  prohibited  from  running  at  large  '72-550 

BLOOM  POOR  DISTRICT— Erection  of  Poor  House  '69-320 

Election  of  Directors  '70-611 

BLOOM  TOWNSHIP— Election  of  constables  '29-74 

Election  of  Supervisors  '40-289 

Polling  place  fixed  '54-48 

BRIAR  CREEK  TOW^NSHIP— Supervisors  to  levy  tax  '69-356 

CONYNGHAM  TOWNSHIP— Supervisors  and  Overseers  of  Poor  to 

give  surety  '58-113 

Pay  of  Auditors,  Supervisors  and  Overseers  fixed  '67-961 

Repairing  of  roads  by  contract. 

Act  of  March  21,  '61,  and  April  11,  '61,  repealed  '69-846 


370  APPENDIX. 

Columbia  County — Continued- 
Erection  of  Poor  House  '69-1228 
Polling  place  fixed  '69-1264 
Koads  Act  of  April  10,  '69,  repealed  '70-1128 
Election  of  two  Supervisors  authorized  '71-392 
Election  of  School  Directors  regulated  '72-275 

DERRY  TOWNSHIP— Polling  place  fixed  '50-88 

DIRECTORS  OF  THE  POOR— Powers  and  duties  of  '39-111 

Election  of  '39-111,  '66-567 

DOGfc— Hunting  foxes  with  '53-288 

Taxing  of  61-233 

Hunting  deer  with,  prohibited  '62-40 

FISHING  CREEK  TOWNSHIP— Polling  place  fixed  '51-429 

Swine  prohibited  from  running  at  large  '72-550 

FRANKLIN  TOWNSHIP— Polling  place  fixed  '44-18 

GREENWOOD  TOWNSHIP— 

To  prevent  swine  from  rimning  at  large  '73-678 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

LOCUST  TOWNSHIP— Polling  place  fixed  '53-48 

Name  changed  '53-531 

MADISON  TOWNSHIP— Separate  election  district  '51-158 

Polling  place  fixed  '55-744 

Erection  of  Poor  House,  authorized  '72-1092 

MAHONING  TOWNSHIP— Additional  Supervisor  authorized  '32-559 

Election  of  constable  '33-209 

Loan  authorized  '48-389 

Erection  of  Poor  House  '48-389 

Polling  place  fixed  '50-111 

MAIN  TOWNSHIP— Separate  election  district  '44-572 

MIFFLIN  TOWNSHIP— Election  of  officers  in  Paxton  district        '40-755 

Election  of  Justice  of  the  Peace  '41-74 

MONTOUR  TOWNSHIP— Polling  place  fixed  '52-537 

Overseers  authorized  to  sell  real  estate  '65-338 

MT.  PLEASANT  TOWNSHIP— Bounty  tax  authorized  '66-468 

ORANGE  TOWNSHIP— Polling  place  fixed  '42-44 

To  prevent  swine  from  running  at  large  '73-678 

OVERSEERS  OF  POOR  abolished  '39-116,  '57-176,  '66-567 

PAUPERS— Care   and   employment   of  '39-111,   '66-567 

PINE  TOWNSHIP— Polling  place  fixed  '53-653 

POOR  DIRECTORS— See  Directors  of  the  Poor 

POOR  HOUSE— Erection  of.  See  Bloom  Poor  District  '39-111,  '66-567 

POOR  TAXES  on  unseated  lands,  return  of  '62-8 


LIST  OF  SPECIAL  ACTS.  371 

Columbia  County — Continued. 

ROADltS — Laying  and  opening  '46-288 

ROARING  CREEK  TOWNSHIP— Collection  of  school  taxes  '51-829 

Polling  place  fixed  '55-744 
SCHOOL  LAW — Acceptance  or  non-acceptance  of                        '41-233,  380 

SCOTT  TOWNSHIP— Name  changed  '53-531 

Polling  place  fixed  '54-48 

SHAJMOKIN  TOWNSHIP— Catawissa  line  surveyed  '30-341 

SUGAR  LOAF  TOWNSHIP— Election  of  Supervisors  '41-68 
SUPERVISORS— 

Duties  of,  relative  to  paupers.    See  Roads      '39-116,  '57-176,  '66-567 

TAX  SALES— Caveat  emptor  to  apply  '64-349 

UNiSEATED  LANDS— Return  of  poor  taxes  on  '62-8 

Sale  of,  caveat  emptor  to  apply  '64-349 


CRAWFORD  COUNTY. 

Organized  from  a  part  of  Allegheny  County,  March  12,  1800,     Ch.  2119. 

ASSESSMENTS— Appeals  from  '31-278 

ASSESSORS — Compensation  for  making  out  duplicates  '66-208 

Compensation  and  mileage  '69-817 

And  Assistant  Assessors,  pay  of,  Act  of  February  19,  '70,  rep.  '76-210 

ATHENS  TOWNSHIP— Elections  at  house  of  Ebenezer  Felton  '29-338 

BEAVER  TOWNSHIP— Polling  place  fixed  '32-410 

Division  of  '47-427 

To  prohibit  issuing  of  licenses  in  '70-828 

BLOOMFIELD  TOWNSHIP— Polling  place  fixed  '29-338 

All    laws    preventing    cattle,    horses,    sheep   and    swine   from 

running  at  large  repealed  '70-905,  '71-1194 

BRIDGE— Viewers  and  reviewers,  pay  fixed  '72-788 

Appointment  of  '54-136 

Duties  of  '36-245,  '51-151,  '55-154 

BRIDGES,  COUNTY— 

To  be  kept  in  repair  by  County  Commissioners  '61-206 

Act  of  May  7,  '44  repealed  '51-161 

CAMBRIDGE  TOWNSHIP— Erection  of  '51-707 

Supervisors  authorized  to  erect  town  house  '55-190 

CATTLE— 

To  regulate  the  taking  and  empounding  of  strays     Ch.  4680,  '55-316 
To  prevent  running  at  large  Proviso  of  April  3,  '67,  rep.  '69-800 

To  prevent  running  at  large  '70-230 

24 


372  APPENDIX. 

Crawford  County — Continued. 

CONNEAUT  TOWNSHIP— Polling  place  fixed  '30-310 

Additional  constable  authorized  '44-61 

To  prevent  the  growing  of  white  daisies  '69-783 

COOK  INDEPENDENT  SCHOOL  DISTRICT— Act  repealed  '79-37 

CONTRACTS  by  Road  Commissioners  '46-267 

By  Supervisors  '44-569 

COUNTY  COMMISSIONERS 

Bridges — County  to  keep  in  repair  '61-206 

Directors  of  Poor — Commissioners  to  act  as  '51-715 

Commissioners  to  receive  pay  as  '67-1089 

Road  Districts — County  divided  into,  Act  of  Apr.  4,  '31,  rep.  '36-245 
Road  Districts— Townships,  divided  into  '45-53,  '54-136,  '55-36 
Summerhill  Township— Bounty  debt  of  '72-727 

CUSSEWAGO  TOWNSHIP— Polling  place  fixed  '29-60,  337 

DIRECTORS  OF  POOR— 

Beginning  of  term.     See  County  Commissioners  '63-80 

Powers  and  duties  of  '51-715 

DOG  TAX— Act  of  May  20,  '57,  extended  to  Crawford  County  '61-60 

Increase  of  '66-827 

Act  to  apply  avails  of,  to  schools,  repealed  '72-175 

EAST  FALLOWFIELD  TOWNSHIP  erected.    See  Fallowfield  '44-18 

Road  Commissioners  authorized  to  erect  town  house  '50-25 

Certain  lands  annexed  to  West  Fallowfield  for  schools  '67-1091 

Surplus  bounty  funds  '67-1101 

Milch  cows  Act  of  February  24,  '70,  repealed  '72-672 

ELECTIONS  of  borough  and  township  officers  to  be  paid  by  bor- 
oughs and  townships  '44-220 
Regulation  of                                                                        '30-127,  '52-39 

FAIRFIELD  TOWNSHIP— Polling  place  fixed  '32-411 

Roads  and  bridges  Act  of  May  7,  '44,  repealed  '48-506 

School  Directors  authorized  to  build  a  town  and  school  house  '57-302 

FALLOWFIELD     TOWNSHIP— Polling     place     fixed.       See     East 

Fallowfield— West  Fallowfield  '29-336 

FRUIT— Protection  of.     See  Act  of  April  13,  '50  '55-55 

GARDENS— Protection  of  '55-55,  '71-570 

GREENWOOD  TOWNSHIP— Polling  place  fixed  '30-310 

HAYFIELD  TOWNSHIP— Polling  place  fixed  '29-337 

To  prevent  growth  of  white  daisies  '72-858 

INDEPENDENT  SCHOOL  DISTRICT— Act  of  April  11,  '66,  rep.  '79-37 


LIST  OF  SPECIAL  ACTS.  373 

Crawford  County — Continued, 

MEAD  TOWNSHIP— Additional  constable  authorized  Ch.  5122 

iSchool  Directors  to  condemn  land  and  build  school  house  in 

each    district  '43-202 

iSchool  tax,  collection  of  '51-559 

Fathmaster  authorized  to  collect  money  road  tax  and  delin- 
quent labor  tax  '65-717 
Polling  place  fixed  '68-600 
To  prevent  the  growing  of  white  daisies  in                                 '71-1137 

NORTH  SHENANGO  TOWNSHIP— To  enlarge  boundaries  of  '50-632 

Polling  place  fixed  '50-632 

Provisions  for  erecting  town  hall  '56-358 

iSupervisors  authorized  to  procure  a  town  hall  '69-1007 

OIL  CREEK  TOWNSHIP— Polling  place  fixed  '29-338 

All  laws  preventing  cattle,  horses,  sheep  and  swine  from  run- 
ning at  large  repealed  '70-905 
Land  of  Amos  S.  Hancox  and  John  Brown  attached  to  Cherry 

Tree  Township  School  District  '70-947 

Land  of  J.  D.  Angler,  et  al.  set  off  into  Breedtown  School  Dis- 
trict, Venango  Township,  '71-1185,  repealed  '95-71 

ORCHARDS— Protection  of  '55-55 

OVERSEER  OF  POOR— Office  abolished  '51-719 

PATHMASTERS— See  Road  Masters 

Election  and  duties  of  '46-269 

PAUPERS— Care  and  employment  of  '51-715 

PINE  TOWNSHIP— Polling  place  fixed  '49-144 

To  prevent  growth  of  white  daisies  in  '69-783 

POLLING  PLACES— Courts  empowered  to  change  '44-19 

POOR  DIRECTORS— 

See  County  Commissioners — Directors  of  the  Poor 

POOR  HOUSE— To  provide  for  erection  of  '51-715 

RANDOLPH  TOWNSHIP— Polling  place  fixed  '29-338 

Election  of  {Supervisors  '44-19 

RICHMOND  TOWNSHIP— Polling  place  fixed  '53-177 

To  provide  for  erection  of  town  hall  '71-1132 

ROAD  DISTRICTS  co-extensive  with  sub-school  districts      '54-136,  '55-36 
County  to  be  divided  into  '36-245,  '45-53 

ROADS — Damages  to  be  tried  before  Justice  of  the  Peace    '44-570,  '46-261 

Act  of  April  13,  '43,  repealed  '44-86 
Act  relative  to  '44-568 

Views  and  location  of  '55-154 

And  bridges  Act  of  May  7,  '44,  repealed  '51-161 

And  bridge  viewers  and  reviewers,  pay  fixed  '72-788 


374  APPENDIX. 

Crawford  County — Continued. 

ROAD  COMMISSIONERS— Compensation  of  '46-268 

Relative  to  letting  contracts  '46-267 

Election  of  '46-265 

Duties  of  '44-568,  '46-266 

Not  to  collect  more  than  10  per  cent,  of  tax  in  money  '46-269,  '56-414 
To  divide  township  into  road  districts.     See  Supervisors, 

'34-136,  '55-36 

ROAD  MASTERS— Duties  of.     See  Supervisors  '46-266,  '54-136 

Election  of  '44-568 

Appointment  of  '45-53,  '54-136 

To  be  elected  by  road  districts  '46-267 

ROAD  TAXES— Act  to  levy  additional  repealed  '33-77 

One-half  to  be  worked  out  before  September  '30-25 

Cash  road  tax  '46-266 

Supervisors,  first  levy  and  increases  '44-568 

Ten  mills  authorized  '56-414 

Ten  per  cent,  of,  only  to  be  collected  in  money  '46-269,  '56-414 

No  taxable  to  be  assessed  with  less  than  two  days'  work        '54-136 

Five  mills  of  a  levy  of  fifteen  mills  to  be  in  money  '66-208 

ROAD  VIEWERS—  Act  of  April  4,  '31,  repealed  '36-245 

Pay  fixed  '72-788 

Appointment  and  duties  of  '36-245,  '51-151,  '54-136,  154 

ROCKDALE  TOWNSHIP— Polling  place  fixed  '50-112 

To  provide  for  erection  of  town  hall  '56-417 

To  prevent  growth  of  white  daisies  in  '71-1137 

ROME  TOWNSHIP— Polling  place  fixed  '34-475,  '35-353 

SADSBURY  TOWNSHIP— Polling  place  fixed  '29-336 

Election  of  additional  Justice  and  constable  '43-53 

Overseers  of  Poor  to  sell  real  estate  '48-503 

Election  of  additional  Supervisor  authorized  '42-126 

SCHOOLS — Independent  District  Act  of  April  11,  '66,  repealed  '79-37 

SCHOOLS — Act  to  apply  dog  tax  to,  repealed  '72-175 

SHEEP— To  improve  the  breed  of  Ch,  3867,  '55-316 

For  protection  of. 

Act  of  May  20,  '57,  for  Blair  County,  extended  to  '61-60 
To  prevent  nmning  at  large, 

Proviso  of  Act  of  April  3,  '67,  repealed  '69-800 

To  prevent  running  at  large.     See  Dog  Tax  '70-230 

SNOWHILL  TOWNSHIP— Polling  place  fixed  '29-337 

SPARTA  TOWNSHIP— Polling  place  fixed  '51-426,  518 

Independent  School  District        Act  of  April  11,  '66,  repealed  '79-37 


LIST  OF  SPECIAL  ACTS.  375 

Crawford  County — Continued. 

SPRING  TOWNSHIP— Polling  place  fixed  '63-94 

Division  of  '47-427 

Supervisors  authorized  to  levy  bounty  tax  '66-207,  '67-81 

To  prohibit  issuing  of  licenses  in  '70-828 

Fine  for  injuring  sidewalks  or  shade  trees  '71-972 

STEUBEN  TOWNSHIP  erected  '50-681 

SUMMERHILL  TOWNSHIP— Polling  place  fixed  '29-337 

Roads  and  bridges                          Act  of  May  7,  '44,  repealed  '48-506 
Certain  debts  contracted  for  bounty  purposes  to  be  paid  out  of 

County  Treasury  '72-727 

SUMMIT  TOWNSHIP— Erection  of  '43-51 

To  prevent  growth  of  white  daisies  in  '69-783 

Overseers  of  Poor  authorized  to  sell  land  '52-344 

SUPERVISORS— Compensation  of  fixed  '44-570,  '66-208 

Contracts  to  repair  roads,  to  be  let  by  '44-569 

Election  of  '55-36 

Duties  of  '44-568,  '54-136 

Exonerations,  returns  of,  to  make  before  December  31  '44-570 

Levy  of  road  tax  '66-208 

Plank  roads,  abandoned,  to  take  care  of  '64-455 

Returns  of  exonerations  '44-570 

Roads,  to  let  contracts  for  repairs  of  '44-569 

Road  districts — Township  divided  into  '45-53,  '55-36 

Road  masters,  appointment  of  '45-53 

Road  tax,  one-half  to  be  worked  out  before  September              '30-25 

Tax,  Road— Levy  of  '66-208 

Ten  mills  authorized  '56-414 

Sub-districts — ^Townships  divided  into  '45-53,  '55-36 

SWINE— Running  at  large  '55-316,  '69-800,  '70-230 

TAXES— Collection  of  '52-197,  '54-600,  '59-30,  '66-971,  '71-72 

TOWN  CLERK— Court  to  appoint  in  certain  cases  Ch.  4680 

TOWNSHIPS  to  keep  State  roads  in  repair  Ch.  5227 

Elections  to  be  paid  for  by  townships  '44-220 

TOWNSHIP  AUDITORS— Appeals  from  '30-26 

Election  and  duties  of  '30-263 

To  settle  accounts  of  Supervisors  '54-136 

TOWNSHIP  OFFICERS  '36-245 

TRESPASS  on  gardens,  orchards,  etc.  '55-55 

TROY  TOWNSHIP— Polling  place  fixed  '32-410 

Lands  annexed  to   Cherry  Tree  Township,  Venango   County, 

for  schools  '67-1205 


376  APPENDIX. 

Crawford  County — Continued. 

All   laws   preventing   cattle,   horses,   sheep   and    swine    from 

running  at  large  repealed  '70-905 

To  prevent  cattle  from  running  at  large, 

Act  of  April  5,  '70,  repealed  '81-75 

UNION  INDEPENDENT  SCHOOL  DISTRICT— 

School  loan  authorized  '70-808 

UNION  TOWNSHIP— School  loan  authorized  '70-760 

UNSEATED  LANDS— Road  taxes  on,  return  of  '46-267,  '54-136 

Appeals  from  assessments  of  '31-278 

VENANGO  TOWNSHIP— Polling  place  fixed  '30-310,  '42-44 

Cambridge  Township  erected  out  of  '51-707 

VERNON  TOWNSHIP— Polling  place  fixed  '29-337,  '41-69 

Collection  of  school  taxes  '51-559 

Repair  of  roads  '39-598 

Roads  and  bridges  Act  of  May  7,  '44,  repealed  '50-26 

Surplus  bounty  fund  '67-1101 

To  prevent  the  growing  of  white  daisies  '70-583 

VIEWERS — Court  to  appoint  three,  on  petition  '54-136 

Duties  of  '36-245,  '51-151,  '55-154 

And  reviewers  of  bridges  and  roads,  compensation  of  '72-788 

VOTERS— See  Elections. 

WAYNE  TOWNSHIP— Polling  place  fixed  '52-148 

WEST  FALLOWFIELD  TOWNSHIP  erected.     See  Fallowfield  '44-18 

Polling  place  fixed  '52-496 

Lands  in  East  Fallowfield  annexed  to,  for  school  purposes      '67-1091 
Milch  cows  Act  of  February  24,  '70,  repealed  '72-672 

WHITE  DAISIES — To  prevent  the  growth  of,  in  Conneaut,  Summit 

and  Pine  Townships  '69-7'83 

In  Mead  and  Rockdale  Townships  '71-1137 

In  Haytield  Township  '72-858 

WOODCOCK  TOWNSHIP— Polling  place  fixed  '48-353,  '50-25 

Road  Commissioners  to  build  a  town  house  '48-368 

Poor  House  farm  annexed  to  Saegertown  '70-313 


LIST  OF  SPECIAL  ACTS.  37/ 


CUMBERLAND  COUNTY. 

Organized  from  part  of  Lancaster  County,  January  27,  1750.    Chapter  380. 

ASJSEBSMENT  of  seated  lands  to  be  made  where  mansion  house  is    '71-1067 
BRIDGE  over  Yellow  Breeches  Creek  '27-330,  '37-69,  '50-534 

Viewers,  appointment  of,  and  duties  of  '51-821 

Over  Connodogwinet  Creek  '28-338,  '47-380,  '52-280,  '56-161 

Wing  walls  and  embankments  of,  to  be  repaired  by  Super- 
visors '59-293,  repealed  '99-593 
By  county  '71-48 
CATTLE  trespassing  by                                                                              Ch.  5039 
CONSTABLES— Eligible  to  re-election                                        '27-24,  '36-450 
Fees — For  removing  paupers  fixed  '46-7 
Fees  fixed                                                                    '61-173,  '64-823,  851 
Costs  for  commitment  of  vagrants  not  payable  by  county         '66-1099 
Duties  of,  relative  to  the  collection  of  taxes                                 '73-661 
DICKINSON  TOWNSHIP— Polling  place  fixed                                        '42-49 
Per  capita  bounty  tax  authorized                                                  '66-507 
DIRECTORS  OF  POOR— Pay,  election  and  duties  of            Ch.  2940,  '29-38 
To  sell  real  estate  of  paupers                                                            '39-89 
Powers  and  duties  of                                                                           '39-88 
To  contract  for  schooling  of  apprentices                              '40-245,  748 
Authorized  to  rebuild                                                                        '59-231 
Compensation  of                                                                                 '64-213 
Loan  authorized                                                                                 '68-557 
DOG  TAX                                                  Act  of  March  4,  '65,  repealed  '66-508 
DOGS— Hunting  deer  with,  prohibited                                                      '69-202 
EAST  PENN6B0R0  TOWNSHIP— Election  of  constable. 

Act  of  March  14,  '18,  repealed  '30-77 

Divided  into  two  election  districts  '42-246,  329 

Polling  place  fixed  '44-20 

ELECTIONS  regulated  '49-89,  '55-99 

FENCES— What  shall  be  considered  lawful.     See  Cattle, 

Ch.  5039,  repealed  '97-235 
FOOT  BRIDGES  across  Yellow  Breeches  Creek  '42-221 

FRANKFORD  TOWNSHIP— Bounty  tax  authorized  '65-98,  '66-467 

HAMPDEN  TOWNSHIP— Land  of  David  Dietz  annexed  to,  for  school 

purposes  '67-530 

HOPEWELL  TOWNSHIP— Polling  place  fixed  '54-152 

Duties  of  Supervisors  '44-366 


378  APPENDIX. 

Cumberland  County — Continued. 

LOWER  ALLEN  TOWNSHIP— Polling  place  fixed  '50-114 

MIDDLESEX  TOWNSHIP— 

County  to  contribute  $400  for  certain  road  '45-22 

Volunteer  bounty  '65-234 

Polling  place  fixed  '60-254 

MONROE  TOWNSHIP— School  taxes  in  '51-202 

Stony  Ridge  Road  to  be  graded  '51-439 

NEWTON  TOWNSHIP— Election  of  constables.  See  North  Newton  Ch.  4344 

Bounty  tax  authorized  '65-234 

NORTH  MIDDLETON  TOWNSHIP— Polling  place  fixed  '44-244 

To  grade  Stony  Ridge  Road  '51-439 

Bounty  tax  authorized  '65-393 

NORTH  NEWTON  TOWNSHIP— Elections.     See  Newton, 

Act  of  March  18,  '52,  repealed  '52-406 

Polling  place  fixed  '60-254 

OVERSEERS  OF  POOR  abolished  Ch.  2940,  '29-42 

PAUPERS— Care  and  employment  of  Ch.  2940,  '24-28,  '29-38,  '39-38,  '46-7 

Children  of  shall  have  schooling  when  apprenticed  '40-245,  748 

Poor  to  be  cared  for  by  boroughs  and  townships  '24-28 

Education  of  Ch.  2940,  4986,  '40-245,  748 

POOR  DIRECTORS— See  Directors  of  Poor 

POOR  HOUSE— Erection  of  Ch.  2940,  4986,  '29-38,  '39-88,  '59-231 

Bound  apprentices  may  elect  calling  '52-602 

Erection  of  for  blind  and  insane,  loan  authorized  '68-557 

ROADS — Records  of  '51-439 

Opening  of  '55-223,  Act  of  April  13,  '43,  repealed  '44-86 

ROAD  VIEWERS— Duties  of  '51-821,  '55-223 

SCHOOLS— Regulation  of  Ch.  4986,  '38-460 

SEATED  LANDS  to  be  assessed  in  county  where  mansion  house  is    '71-1067 

SHEEP— To  improve  the  breed  of  Ch.  3779 

Compensation  for  damages  Act  of  March  4,  '65,  repealed  '66-508 

SILVER  SPRING — Preservation  of  fish  in  '46-62 

SILVER  SPRING  TOWNSHIP— To  grade  Stony  Ridge  Road  '51-439 

Surplus  bounty  fund  '67-521,  1261 

Road  through  farm  of  H.  W.  Kanage  vacated  '72-455 

SOUTH  MIDDLETON  TOWNSHIP— Election  of  constable. 

Act  of  April  2,  '22,  repealed  '29-74 
To  grade  Stony  Ridge  Road  '51-439 


LIST  OF  SPECIAL  ACTS.  379 

Cumberland  Coirnty — Continued. 

SUPERVISORS— Duties  of  relative  to  poor.    See  Townships  Ch.  2940 

To  perform  duties  of  Overseers  of  Poor  '29-42 

To  maintain  wing  walls  to  bridges  '59-593,  '71-43 

To  keep  foot  bridges  across  Yellow  Breeches  Creek  '42-221 

Compensation  of  fixed  '65-634 

SWINE— Trespassing  by  Ch.  5039 

TAX  COLLECTORS— Election  of  '61-672 

TAXES— Collection  of.     See  Assessments  '67-836,  '73-661 

To  be  collected  by  County  Treasurer  '73-661 

TOWNSHIPS  to  repair  bridges  '42-221 

To  care  for  poor  '24-23 

TRESPASSING  by  horses,  cattle  and  swine  Ch.  5039 

TYRONE  TOWNSHIP— Election  of  constables  Ch.  4844 

UPPER  ALLEN  TOWNSHIP— Polling  place  fixed  '50-114 

UPPER  FRANKFORD  TOWNSHIP— Polling  place  changed  '60-254 

UPPER  WEST  PENNSBORO— Polling  place  changed  '60-254 

WEST  PENNSBORO— Division  ot.       Act  of  March  7,  '46,  repealed  '47-212 

New  school  district  '52-377 

Polling  place  fixed  '58-41 

Surplus  boimty  funds  '67-917 

WING  WALLS  TO  BRIDGES— Cost  of  maintaining,  '59-593,  '71-48,  '99-239 

DAUPHIN  COUNTY. 

Organized  from  part  of  Lancaster  County,  March  4,  1785.      Chapter  1125. 

ASSESSORS'  pay  fixed  '65-82 

BETHEL  TOWNSHIP  '21-145 

CONEWAGO  TOWNSHIP— Erection  of  '50-332 

Bovmty  tax  authorized  '66-726 

DERRY  TOWNSHIP— Polling  place  fixed  '40-337,  '45-150,  526 

Bounty  tax  authorized  '65-688 

To  prevent  cattle,  etc.  from  running  at  large  '69-672,  1153 

Cattle  running  at  large.  Act  modified  '69-892 

School  Directors  authorized  to  pay  bounty  fund  '73-306 

DIRECTORS  OF  POOR— Election  and  duties  of, 

Ch.  2701,  '33-205,  '67-1267 
Taxpayers,  competent  witnesses  for  or  against  Ch.  2909 

Authorized  to  sell  certain  land  Ch.  3262 

Mileage  fixed  '38-559,  '50-208 

Limitation  of  liability  for  debts  of  paupers  '50-788 

Term  of  office  '61-73 

Compensation  of  '47-365,  '67-1267,  '73-139,  501 


380  APPENDIX. 

Dauphin  County — Continued. 

DRAINAGE  of  wet  and  spouty  lands  '44-365,  '63-293 

EAST  HANOVER  TOWNSHIP— Bounty  Tax  authorized  '64-1015 

ELECTIONS  regulated  '49-89,  '50-111,  '54-652,  '55-478,  '69-294 

Change  of  time  for  holding  '72-194 

HALIFAX  TOWNSHIP— Polling  place  fixed  '44-76 

New  election  district  '44-577 

Front  Street  and  Peach  Tree  Alley  made  public  highways, 

'57-465,  '62-151 

Damages  for  opening  of  '63-131 

Bounty  tax  authorized  '64-1026,  '70-404 

Notary  Public  '71-113 

School  loan  authorized  '70-1145 

HERR  TOWNSHIP— School  loan  authorized  '60-1224 

JACKSON  TOWNSHIP— Polling  place  fixed  '44-243,  '54-246 

Bounty  tax  repealed  '66-526,  '67-899 

JEFFERSON  TOWNSHIP— Separate  election  district  '43-49 

Sale  of  school  house  '52-328 

Bounty  tax  authorized  '65-581 

JUSTICE  OF  THE  PEACE— 

County  divided  into  districts  Ch.  3868 

LANCASTRIAN  SCHOOL  HOUSE— Sale  of, 

Act  of  April  9,  '33,  repealed  '34-170 

LAND— Drainage  of  '44-365,  '63-293 

LIVERPOOL  SCHOOL  DISTRICT— Certain  land  attached  to  '40-86 

LONDONDERRY  TOWNSHIP— Polling  place  fixed  '47-426,  '54-107 

Bounty  tax  authorized  '65-131 

Road  taxes  and  damages  on  islands  '68-701,  1062 

To  prevent  cattle,  etc.  from  running  at  large  '69-672,  1153 

Cattle  running  at  large  Act  of  April  2,  '69,  modified  '69-892 

LOWER  PAXTON  TOWNSHIP— Polling  place  fixed  '63-525 

LIVERPOOL  SCHOOL  DISTRICT— Certain  land  attached  to  '40-86 

LOWER  SWATARA  TOWNSHIP— Erection  of  '40-710 

Swatara  Township  line  changed  '40-670 

Polling  place  '48-211 

Supervisors'  pay  fixed  '66-225 

To  prevent  cattle,  etc.  from  running  at  large  '69-672 

Cattle  running  at  large  Act  of  April  2,  '69,  modified  '69-892 

LYKENS  TOWNSHIP— Acceptance  of  Common  School  Act  '38-602 

Separate  school  district  erected  '40-671 

J.  E.  Copenheffer  set  into  Washington  Township  '70-761 


LIST  OF  SPECIAL  ACTS.  38 1 

Dauphin  County — Continued. 

Additional  Notary  Public  '65-327 

Jacob  Bohner  set  into  Mifflin  Township  '66-919,  '67-1105 

Bounty  tax  '67-330,  1280,  '69-295 

MIDDLE  PAXTON— Additional  Supervisors  authorized  '65-357 

New  election  district  Ch.  2334,  '44-577 

Wister's  Island  annexed  to  Perry  County  '68-413 

Horses,  cattle,  sheep  and  swine,  not  to  run  at  large  '73-458 

Election  of  Supervisors  Act  of  March  15,  '65,  repealed  '79-4 

MIFFLIN  TOWNSHIP— Bounty  tax  authorized  '65-664 

Jacob  Bohner  set  into  '66-919,  '67-1105 

To  prevent  horses  and  cattle  from  running  at  large  '71-1118 

Foot  bridge  over  Mahontango  Creek  authorized  '72-734,  '73-470 

OVERSEERS  OF  POOR  abolished  Ch.  2701 

PAUPERS— Care  and  employment  of  Ch.  2701,  '33-205,  '50-788 

PENN  ELECTION  DISTRICT  erected  '44-577 

POOR— Education  of  Ch.  4986 

Taxes  to  be  paid  to  County  Treasurer  '47-365 

Care  and  employment  of  Ch.  2701,  '33-205 

POOR  DIRECTORS— See  Directors  of  Poor 

POOR  HOUSE— Erection  of  Ch.  2701 

REED  TOWNSHIP— Erection  of  '49-558 

Road  on  Duncan's  Island  '53-264 

Supervisors  to  repair  a  certain  road — Point  road  vacated       '62-370 

ROAD  DAMAGES  payable  by  municipalities  '66-441,  '67-402 

ROAD  VIEWS  '60-586 

RUSH  TOWNSHIP— Polling  place  fixed  '45-526,  '58-83 

SCHOOLS- Regulation  of.    See  Poor  Ch.  4986 

SOUTH  HANOVER  TOWNSHIP— Polling  place  fixed  '42-324,  '46-87 

Erection  of  '42-51 

Horses,  cattle,  sheep  and  swine  not  to  run  at  large  '73-458 

SUPERVISORS— Duties  of,  in  relation  to  poor  Ch.  2701 

To  repair  bridge  approaches  '34-559 

To  give  ofl5cial  bonds  '57-453 

SUSQUEHANNA  TOWNSHIP— Canal  drain  to  be  kept  open  by  land 

owners  '50-248 

Bounty  tax  authorized  '65-200 

Additional  Supervisor  authorized  '66-644,  repealed  '01-512 

Horses  and  cattle  running  at  large, 

'69-672,  1153.     Act  of  May  6,  '71,  rep.  '73-305 
SWAMPS — Drainage  of  '44-365,  '63-293 


382  APPENDIX. 

DaupMn  County — Continued. 

SWATAKA  TOWNSHIP— 

Election  of  constables.    See  Lower  Swatara  Ch.  4550 

Election  of  officers  '40-670 

Additional  school  tax  '67-227 

Lower  Swatara  line  changed  '40-670 

Digging  of  drains  or  ditches  in — Drainage  of  swamp  lands        '44-385 
Creek  bridge  '50-687,  '51-373 

To  prevent  cattle,  etc.  from  running  at  large  '69-672,  1153 

Cattle  running  at  large  Act  of  April  2,  '69,  modified  '69-892 

School  Directors  authorized  to  levy  additional  tax  '72-924 

TOWNSHIPS  liable  for  road  damages  '66-441 

To  repair  approaches  to  county  bridges  '34-559 

UNSEATED  LANDS— iSale  of  '42-242 

UPPER  PAXTON  TOWNSHIP— Polling  place    '42-324,  '45-49,  149,  '50-703 
Separate  election  district  '50-416 

Ke-audit  of  township  accounts  '68-464 

Certain  road  vacated  '53-752 

Taxes  on  island  of  A.  Shuman  '62-28 

Polling  place  fixed  '42-324,  '59-119,  '63-525,  '64-12 

Farm  of  James  Freeland  annexed  '72-716 

VAGRANTS— Fees  of  Magistrates  fixed.    See  Constables        '72-246,  '75-63 

VIEWERS  of  roads  and  bridges  '60-586 

Of  drains  for  wet  and  spouty  lands,  duties  of  '63-293 

WASHINGTON  TOWNSHIP— Polling  place  fixed      '46-22,  '48-353,  '52-68 
Wiconisco  Township  line  changed  '62-260 

Bounty  tax  authorized  '65-213 

Supervisors'  pay  fixed  '66-225 

Land  of  J.  E.  CopenheflTer,  annexed  to,  for  school  purposes      '70-761 

WEST  HANOVER  TOWNSHIP— New  election  district  '38-612 

Erection  of  '42-51 

WEST  LONDONDERRY— Polling  place  fixed  '57-104 

Wet  lands— Drainage  of  '44-365,  '63-293 

WICONISCO  TOWNSHIP— 

Polling  place  fixed  '50-415,  443,  '51-140,  424,  '53-522,  '54-151 

Erection  of  '39-602 

Election  and  duties  of  Supervisors  '62-140 

Washington  Township  line  changed  '62-260 

Goats  running  at  large,  declared  a  nuisance  '64-279 

Roads  Act  of  March  20,  '62,  repealed  '67-343 

Supervisor's  pay  fixed  '67-737 

School  loan  authorized  '68-1043,  '69-360 


LIST  OF  SPECIAL  ACTS.  383 


DELAWARE  COUNTY. 

Organized  from  part  of  Chester  County,  September  26,  1789.    Chapter  1432. 

ASSESSMENT  OF  TAXES— 

Of  machinery  '50-425 

ASTON  TOWNSHIP— Roads  Act  of  April  16,  '48,  repealed  '40-246 

Dog  tax  '45-470,  '69-1146 

Preservation  of  birds  '41-43 

Part  annexed  to  Thornbury  '42-453 

BETHEL  TOWNSHIP— Roads  Act  of  April  16,  '38,  repealed  '40-246 

Polling  place  fixed  '38-315,  '39-604,  '44-22 

BIRMINGHAM  TOWNSHIP— Polling  place  fixed  '42-264 

Dog  tax  '46-333 

Repair  of  roads  '42-126,  '53-222 

Three  Supervisors  authorized  '53-222 

BLUE  HILL  SCHOOL  '65-99 

BRIDGES  to  be  rebuilt  by  County  Commissioners  '34-559,  '44-24 

Approaches  to  be  made  by  townships  '34-559 

CANADA  THISTLES— To  prevent  the  spread  of  '61-421 

CATTLE— To  prevent  running  at  large.    See  Strays  '60-68,  '65-444,  '72-510 
When  treated  as  strays  '72-510 

CHESTER  TOWNSHIP— Roads— Elections  of  Supervisors        '48-142,  338 
(Separate  election  district  '57-468 

Polling  place  fixed  '52-134 

Lamokin  Road  District  '69-1104 

Indebtedness  adjusted  with  Lamokin  School  District  '70-332 

Division  of  school  property  with  South  Chester  '72-120 

COLLECTION  OF  TAXES— See  Taxes. 

COMMON  SCHOOLS— See  Schools. 

CONCORD  TOWNSHIP— Roads.         Act  of  April  16,  '38,  repealed  '40-246 
Polling  place  fixed  '38-315 

Preservation  of  birds  and  game  '41-43 

CROOKVILLE  SCHOOL  DISTRICT— Erection  of  '49-530 

Boundaries  of  '50-311 

DARBY  TOWNSHIP— Roads.    See  Upper  Darby. 

Act  of  April  16,  '38,  repealed  '39-99 
Polling  place  fixed  '38-315 

Amount  of  road  tax  restricted       Act  of  April  5,  '70,  repealed  '91-103 


384  APPENDIX. 

Delaware  County — Continued. 

DIRECTORS  OF  POOR— Election  and  duties  of 

See  Paupers  Ch.  2419,  '67-319 

Property  of  paupers  vested  in  Ch.  2786 

To  furnish  estimates  to  County  Conmiissioners  Ch.  2786 

Authorized  to  buy  and  sell  land  '49-270,  '54-649 

Pay  fixed  '55-171 

Approval  of  court  necessary  to  purchase  of  real  estate 

'55-171,  '56-419 
Sale  of  land  to  School  Directors  of  Middletown  Township        '61-41 

DOG  TAX  FIXED— See  Sheep.     Ch.  3048,  3913,  '26-132,  '30-309,  '31-496 
Settlement  and  collection  of  '47-445,  '55-306 

DOGS— Penalty  for  trespass  by  '31-496 

DRAINAGE  OF  ROADS  '68-903,  '69-785 

EDGMONT  TOWNSHIP— Preservation  of  birds  and  game  '41-233 

Polling  place  fixed  '40-337 

Roads        Acts  of  April  1'6,  '38,  and  March  11,  '42,  repealed  '65-215 
Dog  tax  '45-470,  '47-445 

Collection  of  taxes  '67-928 

ELECTIONS  Regulated  '44-22,  '52-39,  '55-99 

FRUIT— Protection  of     '53-387,  '55-234,  '56-118,  '60-362,  '61-478,   '81-82 

GARDENS 

Protection  of  '53-337,  '55-234,  '56-118,  '60-362  '61-478,   '81-82 

HAVERFORD  TOWNSHIP— Roads      Act  of  April  16,  '48,  repealed  '40-246 
Polling  place  fixed  '36-95,  '40-670 

School  tax  for  whole  year's  schooling  '50-425 

HOGS — See  Swine. 

HORSES — ^To  prevent  running  at  large 

See  Strays  '60-68,  '65-444,  '72-510 

When  to  be  treated  as  strays  '72-510 

LAMOKIN  ROAD  DISTRICT— Erection  of  '69-1104 

Indebtedness  adjusted  with  Chester  Township  '70-332 

LOWER  CHICHESTER  TOWNSHIP— Repairs  of  roads  '42-126 

Separate  election  district  '44-15 

Elections  regulated  '51-469 

MARPLE  TOWNSHIP— Roads  Act  of  April  16,  '38,  repealed  '46-246 

Polling  place  fixed  '36-436 

Taxation  of  dogs  to  pay  damages  to  sheep      '45-470,  '47-445,  '62-427 

MIDDLETOWN  TOWNSHIP— Roads  Act  of  April  16,  '48,  rep.  '40-246 

Preservation  of  birds  and  game  '41-43 

Election  of  township  treasurer  and  clerk  '44-573 


LIST  OF  SPECIAL  ACTS.  385 

Delaware  Coimty — Continued. 

Koads,  repairs  of  '41-379,  '45-202,  '61-199 

Act  of  April  7,  '40,  repealed  '41-113 
Elections  of  supervisors  '48-46 

Purchase  of  land  from  Directors  of  the  Poor  '61-41 

Assessment  of  taxes  Act  of  April  20,  '54,  repealed  '70-1014 

NETHER  PROVIDENCE   TOWNSHIP— 

Road  laws    Act  of  April  16,  '38,  and  March  11,  '42,  repealed  '48-143 
Polling  place  fixed  '36-95 

ORCHARDS— 

Protection  of  '53-337,  '55-234,  '56-118,  '60-362  '61-478,  '81-82 

OVERSEERS  OF  POOR  abolished  Ch.  2419 

PATHMASTERS— Length  of  road  assigned  to  '38-631 

PAUPERS— Property  of  vested  in  Directors  of  Poor  Ch.  2786 

Care  and  employment  of  Ch.  2419,  '25-245 

Residence  of  '49-321 

POOR  HOUSE— Erection  of  Ch.  2419 

RADNOR  TOWNSHIP— Repairs  of  roads  '42-126 

Polling  place  fixed  '49-545 

School  tax  for  whole  year's  schooling  '50-425 

RIDLEY  TOWNSHIP— Roads 

Acts  of  April  16,  '38,  and  March  11,  '42,  repealed  '45-23 

ROAD  DAMAGES  '70-485,  '71-16 

ROADS,  repairing  of,  by  contract.  See  Supervisors  '41-252,  '42-64 

To  be  divided  into  one  mile  districts  '38-631 

Drainage  of  Act  of  January  17,  '67,  repealed  '68-908,  '69-785 

Drainage  of,  into  reservoirs  or  wells  '69-785 

Damage  for  opening  of,  assessment  and  collection  of 

'57-146,  '69-862,  '70-485,  '73-693.     See  '01-394,  395,  397,  399 

ROAD  VIEWERS— Duties  of  '57-146,  '69-785,  862,  '70-485 

Pay  of  '71-16 

SCHOOL  DIRECTORS  may  condemn  lands. 

See  High  Schools  '54-671,  '60-664 

SCHOOL  TAX — Maximum  and  minimum  rate  '42-211 

Teachers  to  be  allowed  pay  for  attending  county  institutes      '72-428 
High,  establishment  of,  provided  for  '73-568 

SHEEP — To  improve  the  breed  of 

See  Dog  Tax— Strays  Ch.  3048,  3524,  3779 

Damage  to  by  dogs  Ch.  3088,  3902,  '21-185,  '31-496,  '55-306 

To  prevent  running  at  large  '60-68,  '65-444,  '72-510 

When  to  be  treated  as  strays  '72-510 


386 


APPENDIX. 


Delaware  County — Continued. 

SPRINGFIELD  TOWNSHIP— Roads  Act  of  April  16,  '38,  repealed  '40-246 
Polling  place  fixed  '42-264,  '54-49 

STATE  ROADS— Damages  for  opening  '70-485 

STRAYS — Empounding  and   sale  of  Ch.   2865 

Cattle,  horses  and  sheep  when  treated  as  '72-510 

SUPERVISORS — Duties  of,  in  relation  to  poor.  See  Roads      Ch.  2419 

Not  to  turn  water  on  private  lands  '69-785 

To  repair  approaches  to  bridges — to  notify  County  Commis- 
sioners of  needed  repairs  on  bridges  '34-559 
Election  of  '42-64 
Pay  fixed                                                                                               '64-776 
To  let  road  repairs  to  lowest  bidder  '42-64 

SWINE— To  prevent  running  at  large.    See  Strays. 

Ch.  158,  '60-68,  '65-444,  '72-510 

TAX  COLLECTORS— 

Pay  fixed.    See  Dog  Tax  '46-384,  '59-679,  '62-376,  '73-509 

TAXES — ^School  mimimum  and  maximum  '42-211 

Collection  of  '46-384 

Exemptions  '68-61,  716,  '70-558 

On  real  estate,  assessment  and  collection  of, 

'43-334,  '46-384,  '50-425,  '54-423,  '73-509,  514.     See  '01-398 

Rebate  for  prompt  payment  '46-384,  '73-512 

To  be  a  first  lien  for  one  year  '24-18,  '73-509 

THISTLES,  CANADA— To  prevent  spread  of  '61-421 

THORNBURY  TOWNSHIP— Preservation  of  birds  and  game  '41-43 

Polling  place  fixed  '47-257 

Part  of  Aston  Township  annexed  to  '42-453 

Adoption  of  common  school  law  '43-388 

Roads  Acts  of  April  16,  '38,  and  March  11,  '42,  rep.  '45-23 

Opening  of  new  roads  '59-99 

Assessment  of  taxes  '59-270,  '70-1140 

Dog  tax  repealed  '61-191 

Farm  of  S.  J.  Sharpless  annexed  to  '63-404 

TINICUM  TOWNSHIP  roads  Act  of  April  16,  '48,  repealed  '40-246 

TOWN  CLERK— Election  of  Ch.  2865 

TOWNSHIP  AUDITORS— Oath  of  office  '55-306 

TOWNSHIP  ELECTIONS  '44-22 

TOWNSHIPS  to  repair  approaches  to  bridges  '34-559 

UNION  SCHOOL  DISTRICT  erected  '61-518 

Of  Chester  and  Delaware  counties  enlarged  '73-574 


LIST  OF  SPECIAL  ACTS.  387 

Delaware  Coimty — Continued. 

UPPER  PROVIDENCE— Roads  '49-77 

Polling  place  fixed  '41-67 

UPPER  DARBY  TOWNSHIP— Roads.    See  Darby 

Act  of  April  16,  '38,  repealed  '40-246 
Polling  place  fixed  '49-558 

Separate  election  district  '49-558 

School  tax  for  whole  year's  schooling  '50-425 

VIEWERS— Pay  fixed.    See  Road  Viewers  '57-146,  '71-16 

WEST  TOWN  AND  THORNBURY  EASTERN  SCHOOL  DISTRICT— 

'52-504,  '68-843 


ELK  COUNTY. 

Organized  from  parts  of  Jefferson,  Clearfield  and  McKean  Counties,  April 
18,  1843,  P.  L.  312. 

BENZINGER  TOWNSHIP— Sale  of  goods  at  auction,  restricted         '69-198 
BRIDGES  Act  of  April  13,  '43,  repealed  '44-86 

ELECTIONS,  TOWNSHIP— Time  of  holding  '44-244 

FOX  TOWNSHIP— Supervisors'  pay  fixed  '63-376,  '67-1287 

FRUIT— Protection  of  '58-111 

GARDENS— Trespass  on  '58-111 

HIGHLAND  TOWNSHIP— Polling  place  changed  '50-415,  '59-2 

HORTON  TOWNSHIP— 

Part  of  Fox  Township,  Clearfield  County,  annexed  to  '68-651 

Boundaries  extended  '71-125 

JAY  TOWNSHIP— Polling  place  fixed  '54-828 

Supervisors'  pay  fixed  '63-376 

JONES  TOWNSHIP— Appropriation  of  road  tax  '44-270 

Erection  of  '44-596 

Change  of  name  Act  of  March  21,  '61,  repealed  '63-117 

Construction  of  bridge  at  Wilcox  '64-179 

Election  of  Tax  Collector — Duties  of  Supervisors  '67-761 

Pay  of  Supervisors  and  Auditors  fixed  '67-761,  968 

Polling  place  fixed  '72-83 

MILLSTONE  TOWNSHIP— Road  laws  '71-49 

Court  of  Forest  County  to  have  jurisdiction  of  certain  actions  '73-133 

ORCHARDS— Protection  of  '58-111 

POOR  TAXES  on  unseated  lands  '71-114 

25 


388 


APPENDIX. 


Ulk  County — Continued. 

ItlUGVVAY  TOWNSHIP — ^Appropriation  of  road  taxes  '44-270 

Opening  of  roads  '48-208 

Supervisors  authorized  to  purchase  a  certain  bridge  '55-65 

{Supervisors'  pay  fixed  '58-232 

ROAD  LAWS  revised  '55-240,  '61-497,  '71-49.    See  '01-397 

Act  April  13,  '43,  repealed,  '44-86 

SPRING  CREEK  TOWNSHIP— Pay  of  Supervisors  fixed  '61-241 

Election  of  Road  Commissioners  '48-50 

SUPERVISORS  to  give  bond  '48-252 

Election  of  '55-240 

Pay  fixed                                                                  '67-761,  968,  971,  1287 

TAXES  on  unseated  lands  '71-114 

TOWNSHIP  AUDITORS— Pay  fixed  '71-994 

TOWNSHIP  ELECTIONS— Time  of  holding  '44-244 

TOWNSHIP  TREASURERS— Election  of  '63-376 

TRESPASS  on  orchards  and  gardens  '58-111 

UJNSEATED  LANDS— Sale  of  '59-4,  '70-174 

Fees  for  selling  '70-283 

Poor  taxes  levied  on  '71-114 


ERIE  COUNTY. 

Organized  from  part  of  Allegheny  County,  March  12,  1800.     Chapter  2119. 

AMITY  TOWNSHIP— Polling  place  fixed  '28-14,  387 

ANIMALS,  certain,  when  declared  strays.     See  Fences         Ch.  4680,  '57-196 

To  prevent  running  at  large  '67-691,  '69-800,  '70-230 

ASSESSMENTS— Appeal  from  '31-278  Act  of  May  27,  '71,  repealed  '73-179 
ASSESSORS  to  make  copy  of  assessments  for  Road  Commissioners  '43-218 
BRIDGE  COMMISSIONERS— Appointment  of  Act  of  April  15,  '69, 

repealed  '70-275 

Tax,  unexpended,  to  be  refunded  to  respective  districts  '70-568 

BRIDGES,  COUNTY— County  not  liable  for  repair  of.     See  Act  of 

May  18,  '93  '54-295 

Construction  and  maintenance  '49-102 

CANADA  THISTLES — Railroad  companies  to  cut  tvt^ice  a  year         '55-476 

To  prevent  the  spread  of  '61-421 

CATTLE,  STRAYS^ 

Taking  and  empounding  of — Fences  Ch.  4'680 

Certain,  running  at  large  declared  Strays  '57-196 

To  prevent  running  at  large  '67-691,  '70-230 

Act  of  April  3,  '67,  repealed  '69-800 


LIST  OF  SPECIAL  ACTS.  389 

Erie  County — Continued. 

CONCORD  TOWNSHIP— School  Directors  may  levy  tax  on  Sub- 
District  No.  5  '51-5G7 
Road  Commissioners  to  erect  town  house  '64-75 
Polling  place  changed  '64-75 
liounty  tax  authorized  '67-1092 
Repeal  of  Act  to  erect  independent  school  district                         '79-37 

CONNEAUT  TOWNSHIP— Pay  of  Road  Commissioners  and  Auditors 

Third  Section  of  Act  of  March  21,  '65,  repealed  '71-1350 
Road  Commissioners  to  levy  tax  to  pay  volunteers  '72-1088 

CONNEAUTTEE  TOWNSHIP— 

Name  changed  to  Washington  Township  '34-294 

CONSTABLES  required  to  furnish  sureties  Ch.  3563 

Election  of  '27-24 

To  collect  delinquent  road  tax  '43-219 

Mileage  for  conveying  paupers  '47-230 

Duties  of,  in  relation  to  paupers  '56-410 

In  relation  to  cattle  running  at  large  '67-691,  '70-230 

COOK  INDEPENDENT  SCHOOL  DISTRICT— Act  to  erect  repealed  '79-37 

COUNTY  AUDITORS  to  settle  accounts  of  Poor  Directors  '39-425 

COUNTY  BRIDGES— County  exempt  from  liability  to  repair  '54-295, 
repealed  by  Act  May  18,  '93. 

DIRECTORS  OF  THE  POOR— Accounts  to  be  settled  by  Auditors      '39-425 
Apprentices  to  be  bound  out  by  '39-424 

Appointment  of,  by  Court  Pro  Tem.  '70-1005 

Clerk,  attorney  and  other  agents  may  be  employed  by  '56-410 

Compensation  of  '39-427,  '56-410,  '65-478 

Of  Erie  City  member  fixed  by  Board  '65-478 

Allowed  while  building  '71-1092 

Election  of  '39-423,  '70-1005 

Fishing,  illegal,  in  Presque  Isle  Bay,  suit  to  be  brought  by      '60-534 
Garrison  grounds  in  Erie  in  charge  of  '47-230 

Incorporated  '39-424 

Land,  sale  of,  authorized  '69-662,  '70-817,  '71-1092 

Purchase  of  authorized  '57-8 

Loan  authorized  '56-410 

Oaths  administered  by  '39-426 

Office  to  be  rented  in  Erie  City  '65-478 

Parents  who  have  deserted  children,  property  to  be  seized  '46-381 

Purchase  of  land  authorized  '57-8 

Real  estate,  sale  of,  by  Act  of  March  24,  '68,  repealed  '69-662 

Requisition,  annual,  to  be  made  on  County  Commissioners  '39-425 

Vacancies  in  Board  to  be  filled  by  Board  '39-427 


390  APPENDIX. 

Erie  Cotmty — Continued. 

DOG  TAX  '69-288,  '73-170 

DRAINAGE — Railroad  companies  required  to  maintain  ditches  '55-476 

Of  farming  lands  regulated  '68-452 

ELECTION  TICKETS  Act  of  February  27,  '49,  repealed  '52-39 

Officers,  compensation  of  '65-478 

ELECTIONS  regulated  '70-1113 

ELK  CREEK  TOWNSHIP— Polling  place  fixed  '53-427 

Pay  of  Road  Commissioners  and  Auditors 

Act  of  March  21,  '65,  repealed  '73-779 
FAIRVIEW  TOWNSHIP— 

Masters  of  vessels  compelled  to  return  vagrants  '27-436 

Polling  place  fixed  '32-610 

May  collect  part  of  road  tax  in  money  '47-167 

Pathmasters,  appointment  of  '60-216 

Road  Commissioners,  duties  and  pay  of  '60-216 

Penalty  for  injuring  sidewalks  '64-512 

Road  Commissioners  authorized  to  appoint  collector — May  levy 

additional  road  tax  '71-743 

FARMING  LANDS— Drainage  of  '68-452 

FENCES — Land  owners  may  plant  hedges  on  road  side  '68-570 

Legal  requirements  '57-309,  repealed  '95-68 

FRANKLIN  TOWNSHIP— Polling  place  fixed  '53-182 

FRUIT  TREES— Protection  of  '53-387 

GIRARD  TOWNSHIP— Polling  place  fixed  '48-367,  '52-127 

To  prevent  injury  to  sidewalks  '60-24 

To  prevent  sale  of  liquors,  in  '69-952 

A  portion  of  annexed  to  Girard  Borough,  for  school  purposes  '71-1183 
Popular  vote  on  liquor  licenses  '71-1313 

Labor  road  tax  Act  of  April  15,  '69,  repealed  '72-661 

Additional  tax  authorized  '72-661 

GREEN  TOWNSHIP— Polling  place  fixed  '48-57 

HARBOR  CREEK  TOWNSHIP— Masters  of  vessels  to  return  va- 
grants, landed  by  them  '27-436 
Polling  place  fixed  '32-414 
Planting  of  shade  trees  in  Wesleyville  '65-496 
Plot  of  Wesleyville  legalized  and  confirmed  '65-496 
Penalty  for  damages  to  sidewalks  '65-496 
Pathmasters  authorized  to  construct  sidewalks  '65-496 
Road  damages,  trial  of  '67-276 
Road  Commissioners  to  lay  additional  tax  '71-1012 
HEDGES — Land  owners  may  plant  on  roadside                                       '68-570 


LIST  OF  SPECIAL  ACTS.  391 

Erie  County — Continued. 

HORSES — To  prevent  running  at  large.  See  Strays — Fences  '67-691,  '70-230 

INDEPENDENT  SCHOOL  DISTRICT  '69-561,  '79-37 

JUSTICE  OF  THE  PEACE— Acts  confirmed  Ch.  3113 

Coimty  to  be  districted  for  appointment  of  '14-96 

Damages,  road,  to  hear  and  determine  '43-220 

Fees  for  '46-176 

Fines  to  be  paid  to  school  district  '72-752 

Sheep  losses,  to  adjust  '72-671 

Strays,  duties  of,  relative  to  Ch.  4680 

LE  BOEUF  TOWNSHIP— Polling  place  fixed  '42-325 

Erection  of  town  house  in  mill  village — Loan  authorized  '67-967 

M'KEAN  TOWNSHIP— Polling  place  fixed  '49-258 

MILEAGE  of  Constables  for  conveying  paupers  '47-230 

MILL  CREEK  TOWNSHIP— Annexation  of  part  to  Erie  City, 

'34-520,  '48-430,  '73-594,  '70-242,  '71-811 

Ash  Lane,  widening  and  improving  of  '69-106 

Bounties,  volunteer,  payment  authorized  '65-312 

Clerk,  Road  Commissioners  to  employ  '60-80 

East  Lane,  Road  Commissioners  to  lay  out  '66-591 

East  Lane,  width  Act  of  April  II,  '65,  repealed  '67-669 

Labor  road  tax  '66-497 

Masters  of  vessels  to  return  vagrants  '27-436 

Pathmasters,  Road  Commissioners  to  appoint  '60-80 

Polling  place  fixed  '56-457 

Public  Park,  Erie  City  authorized  to  establish  in  '73-594 

Reserved  tracks  near  Erie,  sale  of  Ch.  2069 

Ridge  Road,  as  to  sidewalks  on       Act  of  April  10,  '67,  rep.  '71-1331 

Width  fixed  '65-534 

Road  Commissioners  may  employ  a  clerk  '60-80 

Compensation  fixed  '60-80 

To  appoint  pathmasters  '60-80 

Road  tax,  when  to  be  collected  in  money        '62-453,  '66-497,  '69-294 

Twenty-five  per  cent,  in  money  '53-487 

Sidewalks,  construction  of  '63-405 

On  Ridge  Road  Act  of  April  10,  '67,  repealed  '71-1331 

Town  house,  erection  of,  authorized  '56-457 

Tract  No.  309  to  be  drained  '66-478 

Unpatented  lands  in  Ch.  4589 

Vagrants,  masters  of  vessels  to  return  '27-436 

Volunteer  bounties,  payment  of,  authorized  '65-312 

West  Tenth  Street,  width  fixed  '69^55 


392 


APPENDIX. 


Erie  County — Continued. 

NORTH  EAST  TOWNSHIP — Masters  of  vessels  to  return  vagrants 

Polling  place  fixed 

Road  Commissioners  authorized  to  levy  additional  tax, 

'54-244,  '71-1038 
ORCHARDS— Protection  of  '53-387 

PATHMASTERS — When  Road  Commissioners  to  appoint 

Duties  of 

When  to  settle  '43-220, 

To  provide  for  election  of  '46-262,  '48-249.     See 

PAUPERS — When  to  be  sent  to  Almshouse.  See  Poor  House  '47-230, 

Constables  compelled  to  convey  '47-230, 

Cost  of  support  of,  apportioned  among  the  several  districts 
POOR  HOUSE — To  be  open  to  inspection  of  visitors.    See  Paupers 

Election  as  to  erection  of 

Farm,  a  strip  of  land  along  ceded  to  Erie  County 

To  provide  for  sale  of  a  portion  of  '68-427, 

ROAD  COMMISSIONERS  Act  of  May  16,  '57,  repealed 

Assessors  to  furnish  copies  of  assessments 

Compensation  fixed  by  Auditors  '43-219,  '50-282, 

Courts,  Commissioners  to  be  vested  with  powers  of 

Damages  to  sheep  by  dogs  appraised  by  '69-288, 

Drainage  of  farm  lands  superintended  by 

Duties  of,  defined — election  of 

Farm  lands,  Commissioners  to  superintend  drainage  of 

Fences  may  remain  five  years  after  planting  hedges 

Pathmasters  to  be  appointed  by 

Private  roads,  powers  over 

Road  tax,  extra 

Roads,  opening  and  vacating 

Sheep,  damage  to  by  dogs  to  be  appraised  by  '69-288, 

Tax,  additional,  levy  and  collection  of  '43-218, 

Vacancies  in  board  to  be  filled  by  Board 

Views  '46-176.     See 

ROAD  DAMAGES — Selection  of  jurors  to  try 

Act  of  April  15,  '57,  repealed,  '57-550.    See 

Assessment  and  collection  of  '43-220,  '46-175, 

ROAD  TAXES — Levy  and  collection  of.     See  Road  Commissioners, 

'43-218,  219,  '46-175,  '49-102.     See 

How  much  to  be  in  money 
ROADS  AND  BRIDGES— Erie  County  excepted  from  Act  of  April 
13,  '43.     See  Act  of  May  18,  '93,  '54-295.  Act  April  15, 
'57,  repealed  '57-550. 


27-436 
45-153 


43-218 
43-218 
50-282 
'95-199 
56-410 
56-410 
69-662 
39-425 
'40-31 
64-680 
70-817 
57-550 
43-218 
65-478 
52-344 
72-671 
68-452 
43-217 
68-452 
68-570 
43-218 
52-344 
46-177 
46-175 
72-671 
46-177 
43-217 
95-199 
46-176 
'95-70 
95-199 

95-199 
73-719 


LIST  OF  SPECIAL  ACTS.  393 

flrie  County — Continued. 

ROAD  VIEWS — Road  Commissioners  to  make  '46-176.    See  '95-199 

SCHOOL  DIRECTORS  authorized  to  select  sites  for  school  houses    '61-361 
SCHOOL  HOUSES— Method  of  selecting  sites  for  '61-361 

SCHOOL  TAXES— Collection  of  '52-383,  '53-27 

SHEEP — To  improve  the  breed  of.    See  Fences 

Act  of  March  29,  1783,  extended  to  Erie  County  Ch.  4138 

To  prevent  running  at  large  '70-230 

Damage  to,  by  dogs,  to  be  adjusted  by  Road  Commissioners, 

'69-288,  '72-671 
Running  at  large  Act  of  April  3,  '67,  repealed  '69-800 

Damage  to,  evidence  of  '72-671 

Paid  by  owner  of  dog,  when  known  '72-671,  '73-170 

Provisions  for  protection  of  '73-170 

SPRINGFIELD  TOWNSHIP— 

Masters  of  vessels  to  return  vagrants  landed  by  them  '27-436 

Sidewalks  or  shade  trees,  penalty  for  injuring  '73-642 

Construction  and  maintenance  of  sidewalks  '73-642 

STATE  ROADS— Townships  to  maintain  Ch.  5227 

STRAYS— Taking  and  empounding  of — Sheep     •  Ch.  4680 

Cattle  running  at  large  '57-196 

SUMMIT  TOWNSHIP— Polling  place  fixed  '54-247 

Road  Commissioners  authorized  to  erect  town  house  '63-230 

SUPERVISOR— Office  abolished  '43-219 

SWINE— To  prevent  rimning  at  large.    See  Fences    '57-196,  '70-230,  '78-57 

When  declared  strays  '57-196 

Act  of  April  3,  '67,  repealed  '69-800 
TAX  COLLECTORS  to  give  description  of  land  returned  '49-102 

TAXES— Collection  of  '52-383,  '53-27,  '54-600 

As  to  collection  of.    See  School  Tax — Road  Taxes, 

Act  of  May  24,  '69,  repealed  '70-91 

Labor,  road,  part  in  money.    See  Assessments  '73-719 

THISTLES,  CANADA— To  prevent  the  spread  of  '61-421 

To  be  cut  twice  a  year  '55-476 

TOWN  CLERK— When  Court  to  appoint  Ch.  4680 

TOWNSHIP  AUDITORS— Compensation  of  '65-475 

When  to  settle  '43-220,  '50-282,  '65-478 

TOWNSHIPS  to  keep  State  roads  in  repair  Ch.  5227 

Authorized  to  pay  bounties  to  soldiers  '64-16,  '65-312 

Cost  of  county  bridges  to  be  equalized  '70-568 

TREES— Protection  of  '53-387 


394  APPENDIX. 

Erie  County — Continued. 

UNION  TOWNSHIP — Road  Commisaioners  authorized  to  levy  and 

collect  additional  tax  '73-450 

Erection  of  town  house  authorized  '73-450 

UNSEATED  LANDS— Payment  of  road  tax  on  '43-219 

Appeals  from  assessments  of  '31-278 

Advertisement  of  '49-102 

To  be  returned  for  '55  after  time  '55-77 

Sale  of  certain  '69-809 

VENANGO  TOWNSHIP— 

Lands  in,  annexed  to  Wattsburg  for  school  purposes  '67-1073 
To  prevent  cattle,  horses,  mules,  sheep  and  hogs  from  running 

at  large  '67-1082 

Road  Commissioners  authorized  to  erect  town  hall  '71-591 

WASHINGTON  TOWNSHIP— Name  of  Conneauttee  changed  to         '34-294 

A  part  attached  to  Edinboro  for  school  purposes  '59-28 

Repealed.    See  Act  of  May  26,  '93 

Polling  place  of,  may  be  in  Edinboro  '63-483 

WAli:.KFORD  TOWNSHIP— Polling  place  fixed  '30-314 

A  portion  of  Shunpike  road  vacated  '52-174 

(Spearing  fish  in  Lake  LaBoeuf  prohibited  '72-545 

WAYNE  TOWNSHIP— Polling  place  fixed  '28-391 


FAYETTE  COITNTT. 
Organized  from  part  of  Westmoreland  County,  September  26,  1783.  Ch.  1045 

ASSESSORS'— Pay  fixed.     See  Taxes                  '65-80,  '69-117.  See  '95-25 

BRIDGEPORT  INDEPENDENT  SCHOOL  DISTRICT  *5O-20,   79 

BROWNSVILLE  TOWNSHIP— Polling  place  fixed  '54-47 

Bounty  tax  authorized  '64-1008 

School  loan  authorized  '66-597 
BULLSKIN  TOWNSHIP— Election  of  constables. 

Act  of  February  24,  '20,  repealed  '23-232 

Constables  eligible  to  re-election  '32-173 

Polling  place  fixed  '40-337 

TVo  additional  Supervisors  '66-630 

CANADA  THISTLES— To  prevent  the  spread  of  '61-421 

CATTLE — Trespassing  of.    See  Fences  Ch.  4900 


LIST  OF  SPECIAL  ACTS.  395 

Fayette  County — Continued. 

CONNELLSVILLE  TOWNSHIP— Separate  election  district  '51-88 

Election  of  Supervisors  '51-88 

Pay  of  Supervisors  '64-770 

Relative  to  roads  Act  of  March  18,  '69,  extended  '73-772 

Constable,  re-election  of  '39-98 

CONSTABLES— Eligibility  to  re-election  '27-24 

COUNTY  TREASURER— To  disburse  poor  funds  '35-11 

Election  of  '39-691 

DIRECTORS  OF  POOR— Election  and  duties  of  Ch.  5204,  '46-348 

County  Treasurer  to  be  treasurer  of  '35-11 

Authorized  to  change  lands  with  L.  S.  Gaddis  '64-741 

Appeals  from  decision  of  '46-348 

Compensation  of  '73-394 

To  erect  Poor  House  '79-93 

DOG  TAX  enacted  Ch.  3718 

Repealed  '25-99,  '81-36 

DUNBAR  TOWNSHIP— Labor  road  tax  '53-429 

Election  of  Supervisors  '44-242,  '53-429,  523 

Part  of  Act  of  April  18,  '53,  repealed  '55-349 

Election  and  duties  of  Road  Commissioners  '71-899,  '73-761 

Roads  Act  of  May  18,  '71,  repealed  '81-74 

ELECTIONS  regulated  '55-99 

FENCES— Regulation  of  Ch.  4900,  '62-496.    See  '95-376 

Act  of  March  27,  1784,  repealed.    Ch.  3846,  '62-496 

FRANKLIN  TOWNSHIP— Election  of  Supervisors  '39-97 

Polling  place  fixed  '40-339,  668 

School  Directors  authorized  to  levy  tax  '72-89 

To  pay  certain  claims  '66-490 

FRUIT— Protection  of  '55-169 

GARDENS— Protection  of  '55-169 

GEORGE  TOWNSHIP— Divided  into  four  road  districts  '50-260 

Four  Supervisors  authorized  '38-611,  '50-234 

Relative  to  the  use  of  school  funds  '72-806 

GERMAN  TOWNSHIP— Election  of  Supervisors  '32-152 

Land  of  Benjamin  Brown  attached  to  '51-140 

Polling  place  fixed  '50-414 

Relative  to  roads  '73-181,  repealed  '97-192 

Surplus  bounty  money  appropriated  to  schools  '65-470 

HENRY  CLAY  TOWNSHIP— Commission  of  Tax  Collectors  '33-222 

HOGS — See  Swine 

HORNET  SCHOOL  DISTRICT  erected  '52-704 


396  APPENDIX. 

Fayette  County — Continued. 

HOilSES— Trespassing  of  Ch.  4900 

JEFFERSON  TOWNSHIP— Polling  place  fixed       '40-348,  '45-149,  '54-348 
Agricultural  Society  incorporated  '55-732 

Bounty  tax  authorized  '68-616 

Luzerne  Township  Road  Act  extended  to  '72-682 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

Duties  of,  in  relation  to  paupers  Ch.  5204,  '46-348 

To  commit  paupers  only  on  evidence  '55-380 

LAGRANGE  INDEPENDENT  SCHOOL  DISTRICT  erected  '66-669 

Frazer  farm  excluded  from  '73-534 

LUZERNE  TOWNSHIP— Polling  place  fixed  '53-59 

Collection  of  taxes  '52-626 

Election  of  Supervisors — Repair  of  roads  by  contract  '69-387 

Act  of  March  18,  '69,  repealed  '87-54 

MENALLEN  TOWNSHIP— Erection  of  '30-314 

Polling  place  fixed  '42-47,  108 

Four  Supervisors  authorized  '50-260 

Bounty  tax  legalized  '68-144 

School  Directors  authorized  to  levy  bounty  tax  '72-396 

NEW  HAVEN  TOWNSHIP— 

Certain  persons  exempted  from  bridge  tolls  '68-951 

NICHOLSON  TOWNSHIP  divided  into  four  districts  and  four  Super- 
visors authorized  '50-260 
Polling  place  fixed  '46-20 
Relative  to  roads                                                                                '73-181 

NORTH  UNION  SCHOOL  DISTRICT  '52-239 

NORTH  UNION  TOWNSHIP— Erection  of  '61-370 

May  elect  four  Supervisors  '69-347 

ORCHARDS— Protection  of  '55-169 

OVERSEERS  OF  POOR  abolished  Ch.  5204 

PAUPERS— Care  and  employment  of  Ch,  5204,  '46-348 

To  be  committed  only  on  evidence  '55-380 

PERRY  TOWNSHIP— Election  of  Supervisors  '66-647 

Bounty  tax  authorized  '67-1257 

School  loan  authorized  '68-255 

Relative  to  roads  '73-181 

POOR  DIRECTORS— See  Directors  of  Poor 

POOR  HOUSE— Erection  of  Ch.  5204,  '46-348,  '79-93 

POOR  TAXES  to  be  paid  to  County  Treasurer  '35-11 

REDSTONE  TOWNSHIP— Bounty  tax  authorized  '68-1110,  '69-204 

Roads  Act  of  February  7,  '73,  rep.  '81-44 


LIST  OF  SPECIAL  ACTS.  397 

Fayette  County — Continued. 

KOAD  TAX  to  be  worked  before  September  '31-278,  '52-626,  '87-54 

How  road  tax  to  be  expended  '45-129 

ROAD  VIEWS— Expenses  to  be  paid  by  petitioners  '43-177,  '52-705 

KUAD  VIEWERS— 

Powers  and  duties  of  '45-25,  '55-313 

SALTLICK  TOWNSHIP— Cash  road  tax  '32-514 

Commission  of  Tax  Collectors  fixed  '33-222 

Polling  place  fixed  '44-80,  578,  '48-200 

Sub-school  district  '52-704 

Additional  Supervisor  authorized  '69-929 

Koads  Act  of  May  5,  '32,  repealed  '78-49 

Act  of  March  18,  '69,  extended  to  '73-772 

(SCHOOL  COMMITTEES— Election  of  '53-523 

Directors  may  condemn  land  for  school  purposes  '61-361 

SHEEP— To  improve  the  Freed  of.     See  Dog  Tax  Ch.  3779 

SOUTH  UNION  TOWNSHIP— Erection  of  '61-370 

School  district  '52-239 

Certain  lands,  attached  to,  for  schools  '66-516 

Roads  Act  of  May  18,  '71,  repealed  '81-74 

Opening  and  maintenance  of  '73-181 

SPRINGFIELD  TOWNSHIP— Separate  election  district  '50-85 

SPRINGHILL  TOWNSHIP— Four  Supervisors  authorized  '52-576 

Bounty  tax  authorized  '67-1095 

Roads  Act  of  February  27,  '73,  repealed  '85-170 

STEWART  TOWNSHIP— Two  additional  Supervisors  authorized      '60-205 

STRAYS — See  Cattle— Trespassing 

SUPERVISORS  to  perform  duties  of  Overseers  of  Poor  Ch.  5204 

To  work  roads  before  September  '31-273,  '52-626,  '87-54 

Pay  fixed  '64-776,  '65-80,  '69-117 

SWINE— Trespassing  of  Ch.  4900 

Act  of  March  27,  1784,  rep.     Ch.  3846,  '62-496 

TAX  COLLECTORS— Appointment  of  '60-166 

TAXES — What  lands  may  be  sold  for.     See  Assessments — Bounty — 

Road  Tax  '69-531 

THISTLES,  CANADA— To  prevent  the  spread  of  '61-421 

TOWNSHIP  OFFICERS— Terms  of  '79-95 

TRESPASS  on  orchards,  etc.  '55-169 

TRESPASSING  of  horses,  cattle  and  swine.    See  Fences  Ch.  4900 

TYRONE  TOWNSHIP— Constables  eligible  to  re-election  '44-21 

Polling  place  fixed  '44-78,  245,  '54-272,  349 

Bounty  tax  authorized  '65-520 


398  APPENDIX. 

Fayette  Coimty — Continued. 

UNION  TOWNSHIP— Four  Supervisors  authorized.  See  North  Union 

— South  Union  '50-260 

Polling  place  fixed  '51-149 

Division  of,  into  two  townships  '61-370 

UNSEATED  LANDS— Sale  of,  for  taxes  '35-265,  '69-531,  '81-35 

VIEWERS— Appointment  of  by  Court  '55-313 

Road  to  be  paid  by  petitioners  '43-177,  '52-705 

And  bridge,  powers  and  duties  of  '45-25,  '55-313 

WASHINGTON  TOWNSHIP— Polling  place  fixed  '54-348 

New  school  district  '66-669 

Election  of  constable  '40-540 

WHARTON  TOWNSHIP— Commission  of  Tax  Collectors  '33-222 

Four  Supervisors  authorized  '64-133 

YOUGHIOGHENY  TOWNSHIP— Polling  place  fixed  '48-200 


FOREST  COUNTY. 

Organized  from  parts  of  JefTerson  and  Venango  Counties,  April  11,  1848, 
P.  L.  51,  Page  744,  and  October  31,  1866,  P.  L.  67,  Page  1527. 

ASSESSORS'  pay  fixed  '66-518 

BRIDGE  VIEWERS'  pay  fixed  '71-592 
COLLECTORS— See  Taxes 

ELECTIONS— Regulated  '59-8 

HARMONY  TOWNSHIP— To  prevent  hunting  deer  with  dogs  '69-202 

HICKORY  TOWNSHIP— Taxation  of  unseated  lands  '70-1202 
HOWE  TOWNSHIP — Commissioners  to  take  charge  of  Warren  and 

Ridgway  Turnpike  '71-590 

JENKS  TOWNSHIP— Polling  place  fixed  '59-8 

KINGSLEY  TOWNSHIP— Taxation  on  unseated  lands  '70-1202 

MILLSTONE  TOWNSHIP— Hunting  deer  with  dogs  '66-564 

Annexed  to  Elk  County  '70-364 

POOR  AND  ROAD  TAXES— Collection  of  '71-97 

ROAD  AND  BRIDGE  VIEWERS— Increase  of  pay  of  '71-592 

ROAD  COMMISSIONERS— Pay  fixed  '66-513,  '69-642 

ROAD  TAXES  on  unseated  lands  '53-518 

Collection  of  '69-642,  '71-97 
ROADS — Venango  County  road  law  extended  to             '69-642.    See  '01-394 

SEATED  LANDS— Return  and  sale  of  '71-124 

Redemption  of  '71-615 


LIST  OF  SPECIAL  ACTS.  399 

Forest  Comity — Continued. 

BUPEKVISOKS— Fay  fixed  '66-518 

SURVEYORS — Increased  pay  for  road  work  '71-592 

TAXEfe— State  and  County,  collection  of  '62-495,  '81-75 

Foor  and  road,  collection  of  '69-642,  '71-97 

Collection  of  Act  of  April  11,  '62,  repealed  '81-75 

TIONESTA  TOWNSHIP— Taxation  of  unseated  lands  '70-1202 

Appropriation  of  road  tax  '44-270 

TOWNSHIP  AUDITORS— Pay  fixed  '66-518 

TREASURER'S  SALES  of  lands  for  poor  taxes  '71-97 

Fees  fixed  '70-283 

Of  seated  lands  regulated  '71-124 

Redemption  of  seated  lands  '71-615 

UNSEATED  LANDS— Townships  liable  for  road  orders  '53-518 

Return  of  sale  of.     See  Treasurer's  Sales — Road  Taxes      '71-97,  124 

VIEWERS— To  increase  pay  of  '71-592 


FRANKLIN  COUNTY. 

Organized  from  part  of  Cumberland  Coimty,  September  9,  1784.    Ch.  1096. 

ABATEMENTS— See  Taxes 

ANTRIM  TOWNSHIP— Election  of  Supervisors  '32-122,  '43-53 

Four  election  districts — Four  Supervisors  '45-153,  '69-326 

School  district  Act  of  March  8,  '47,  repealed  '48-444 

Bounty  tax  authorized  '66-491,  '67-673,  '69-626 

ASSESSMENTS  of  seated  lands  to  be  where  Mansion  House  stands. 

See  Taxes  '71-1067 

BRIDGE  VIEWERS— Powers  and  duties  of  '54-204 

BRIDGES,  FOOT— Supervisors  to  maintain  '49-508 

CATTLE  nmning  at  large  Act  of  March  4,  '65,  rep.  '66-332 

COLLECTION  OF  TAXES— See  Taxes  '49-167 

CONSTABLES— Duties  of,  in  relation  to  collection  of  taxes  '53-129 

DIRECTORS  OF  POOR— Election  and  duties  of  Ch.  2766,  '40-737,  '68-1109 
Pay  fixed  '50-402,  '64-209 

DOG  TAX—  '60-221 

DOGS — Hunting  deer  with,  prohibited  '59-220 

ELECTIONS  regulated  '49-89,  '55-99 

FANNETT  TOWNSHIP— Polling  place  fixed  '34-476 

Election  of  Supervisors  '41-16,  '46-21,  '47-136,  '69-326 

FAYETTEVILLE  DISTRICT  established  '33-459 

FOOT  BRIDGES  OVER  STREAMS— Supervisors  to  maintain  '49-508 


400  APPENDIX. 

Franklin  County — Continued. 

FRUIT— Protection  of  '54-430 

GREENE  TOWNSHIP— Polling  place  fixed  '38-611,  '46-422 

Bounty  tax  authorized  '66-491 

GUILFORD  TOWNSHIP— Election  of  Supervisors  '48-192,  '69-326 

Part  annexed  to  Adams  County  '38-607,  '39-22 

Polling  place  changed  '58-92 

Bounty  tax  authorized  '66-491,  '67-1270 

HAMILTON  TOWNSHIP— Polling  place  fixed                 ^  '54-343 

Bounty  tax  authorized  '67-889 

Election  of  Supervisors  '69-326 

HORSE  VALLEY  TOWNSHIP— Polling  place  fixed  '59-480 

Part  annexed  to  St.  Thomas  Township  '60-129 

LETTERKENNEY  TOWNSHIP— Election  of  schoolmen  '29-229 

Election  of  Supervisors  '69-326 

Polling  place  fixed  '59-480 

Surplus  bounty  fund  appropriated  to  schools  '66-552 

LURGAN  TOWNSHIP— Polling  place  fixed  '42-264 

Election  of  Supervisors  '69-326 

Sale  of  school  lot  '63-307 

MEAL  TOWNSHIP— Election  of  Supervisors  '47-136 

METAL  TOWNSHIP— Election  of  Supervisors        '42-46,  '47-13o,  '69-326 

MONTGOMERY  TOWNHIP— Bounty  tax  authorized  '67-465 

School  district  regulated  '46-298 

Road  taxes,  collection  of  '37-308 

Bounty  payment  legalized  '70-670 

Tax,  exonerations  '71-1203 

Election  of  Supervisors  '69-326 

ORCHARDS— Protection  of  '54-430 

OVERSEERS  OF  POOR  abolished  '27-66 

PAUPERS— Care  and  employment  of  Ch.  2766 

Sale  of  property  of  '40-737 

Pl!.±^RS  TOWNSHIP— Polling  place  '48-56 

(Schools  regulated  '48-444 

Bounty  tax  authorized  '66-491 

Election  of  Supervisors  '69-326 

POOR  DIRECTORS— See  Directors  of  Poor 

POOR  HOUSE  Ch.  2766 
QUINCY  SCHOOL  DISTRICT                       Act  of  March  7,  '44,  rep.  '46-113 


LIST  OF  SPECIAL  ACTS.  4OI 

rranklin  County — Continued. 

QUINCY  TOWNSHIP— Election  of  Supervisors  '49-508 

Polling  place  fixed  '38-611,  '42-326,  '52-330 

Supervisors  to  give  bonds  '45-121 

Election  of  '69-326 

REBATE  for  prompt  payment  of  taxes  '49-167 

ROADS — Opening  and  repairing  of.    See  Supervisors, 

'54-204,  '67-429,  580,  '69-368 
Maintenance  of  '67-580,  '69-325 

Election  to  decide  on  Act  of  March  14,  '67,  repealed  '68-501 

ROAD  TAX— Additional,  authorized  '70-615 

Collection  of  '69-325 

ROAD  VIEWERS— Duties  of  '54-204,  '69-368 

ST.  THOMAS  TOWNSHIP— Polling  place  fixed  '42-264,  '45-46,  '59-480 

Schools  regulated  '48-444 

Land  in  Horse  Valley  annexed  to  '60-129 

Election  of  Supervisors  '69-326 

Bounty  tax  '70-132 

SEATED  LANDS  to  be  assessed  in  coimty  where  mansion  house 

stands  '71-1067 

SHEEP— See  Dog  Tax 

SOUTHAMPTON  TOWNSHIP— Election  of  Supervisors        '40-344,  '69-326 
Polling  place  fixed  '32-409,  '45-523,  '46-420 

Bounty  tax  authorized  '66-491 

SUPERVISORS  to  maintain  foot  bridges  over  streams  '49-508 

Election  and  duties  of  '35-46,  '42-50,  '67-429,  '69-325 

TAXES— Collection  of.    See  Road  Tax, 

'49-167,  '50-276,  '51-214,  '53-129,    '71-747,  '85-204 
Rebates  on.     See  Assessments  '49-167,  '54-797 

TRESPASS  ON  ORCHARDS,  ETC.  '54-430 

VIEWERS— Road  and  bridge,  powers  and  duties  of  '54-204,  '69-368 

VOTERS— See  Elections 

WARREN  TOWNSHIP— Election  of  Supervisors  '69-326 

WASHINGTON  TOWNSHIP— Election  of  constables  Ch.  4248 

Road  tax  '37-308 

Election  of  Supervisors  '43-53,  '57-409,  '69-326 

Polling  place  fixed  '49-556 


402  APPENDIX. 

FULTON  COUNTY. 
Organized  from  part  of  Bedford  County,  April  19,  1351.    P.  L.  805. 

AYK  TOWNSHIP— Bounty  tax         Act  of  March  24,  '65,  repealed  '67-1537 

Act  extended  to  '67-1281 

BETHEL  TOWNSHIP— Elections  regulated  '51-132 

Polling  place  fixed  '51-602 

COLLECTORS— See  Taxes 
CONSTABLES— When  to  make  return  to  Court  '60-234 

Duties  of,  relative  to  collection  of  school  taxes  '67-1262 

DUBLIN  TOWNSHIP— Polling  place  fixed  '54-272 

FKUIT— Protection  of  '55-55 

LICKING  CREEK  TOWNSHIP— Sale  of  school  house  confirmed      '53-672 
ORCHARDS— Protection  of  '55-55 

OVERSEERS  OF  POOR— Election  of  '41-333 

POOR — Maintenance  of,   in   State  Lunatic  Asylum,  to  be  paid  by 

County  '83-127 

ROADS— Opening  of  '55-223 

ROAD— Damages  '55-223 

ROAD  VIEWERS— Duties  of  '55-223 

ROADS— Width  of  '17-272 

SCHOOL  DUPLICATE  to  be  furnished  by  County  Commissioners    '97-12o2 
SCHOOL  TAXES— Collection  of  '67-1262,  '68-184 

Rebate  on  '67-1262 

TAXES — To  regulate  the  collection  of 

'53-129,   '64-373,   '67-1262,  '68-184,  '69-1050 
TAYLOR  TOWNSHIP— Polling  place  changed  '53-274,  '60-10 

THOMPSON  TOWNSHIP— Polling  place  fixed  '52-286 

TODD  TOWNSHIP— Annexation  of  certain  lands  for  schools  '67-87(5 

TRESPASS  ON  ORCHARDS  '55-55 

UNSEATED  LANDS— Collection  of  taxes  '52-236 

VIEWERS— Road  '55-223 

WELLS  TOWNSHIP— Divided  into  sub-school  districts  '51-131 

Pay  of  Supervisors  and  Auditors  increased  '71-1202 


LIST  OF  SPECIAL  ACTS.  4^3 

GREENE  COUNTY. 

Organized  from  part  of  Washington  County,  February  9,  1796.     Ch.  1859. 

ALEPPO  TOWNSHIP— Polling  place  fixed  '43  53 

Game  Act  of  April  21,  '69,  repealed  as  to  squirrels  '72-'o25 

School  district  Act  of  February  25,  '50,  rep.  '52-44-t 

Special  school  tax  authorized  '67-1034 

ASSESSMENTS  to  be  revised  and  equalized    by    County    Commis- 
sioners '68-1028 
ASSESSORS— Pay  fixed.     See  Taxes  '65-690 
BOARD  OF  REVISION  OF  TAXES                                                        '68-1028 
CENTER  TOWNSHIP— Two  additional  Supervisors  authorized  '61-41 
To  let  repairs  of  roads  to  lowest  bidder                                        '71-1112 
CONSTABLES— Eligibility  to  re-election                                      '27-24,  '31-71 
As  to  collection  of  taxes                  Act  of  May  8,  '55,  repealed  '69-808 
CUMBERLAND  TOWNSHIP— Election  of  Supervisors                         '51-425 
Bounty  tax  authorized                                             '64-787,  1008,  '65-220 
Labor  road  tax                          ^                                                       '69-1122 
To  let  road  repairs  to  lowest  bidder                                            '71-1112 
DELINQUENT  TAXES— Penalty                                                               '57-163 
DIRECTORS  OF  THE  POOR— Election  of                                                '40-111 
Pay  fixed                                                                                                    '62-55 
Powers  and  duties  of                                           '40-111,  '59-580,  '64-65 
Fines  payable  to                                                                                   '64-65 
DOG  TAX                                                                                                     Ch.  5059 
DUNKARD  TOWNSHIP— Independent  School  District  erected          '52-320 
ELECTIONS  regulated                                                    '49-89,  '53-340,  '62-307 

FRANKLIN  TOWNSHIP— Election  of  Supervisors  '51-523 

Bounty  tax  authorized  '64-794 

To  let  road  repairs  to  lowest  bidder  '71-1112 

FR  UlT— Protection  of  '61-478 

GARDENS— Protection  of  '61-478 

GILMORE  TOWNSHIP— Land  of  John  Lantz  annexed  to  '63-4o6 

Game  Act  of  April  21,  '69,  repealed,  as  to  squirrels  '72-625 

Act  to  annex  Jacob  Renner's  farm  repealed  '72-636 

GREENE  TOWNSHIP— Independent  School  District  erected  '52-320 

Bounty  tax  authorized  '65-165 

26 


404  APPENDIX. 

Greene  County — Continued. 

JACKfcJON  TOWNSHIP— School  District  No.  9  erected  '52-704 

Bounty  tax  authorized  '65-165 

Game  Act  of  April  21,  '69,  repealed  as  to  squirrels  '71-625 

JEFFERSON  TOWNSHIP— Bounty  tax  authorized  '64-368,  1020 

Uwchlan  road  law  extended  to  '69-703 

JUSTICE  OF  THE  PEACE— When  to  commit  paupers  '55-380 

MAKION  TOWNSHIP— Justices  of  the  Peace  may  hold    office    in 

Waynesburg  '51-6 

MONONGAHELA  TOWNSHIP— Polling  place  fixed  '42-461 

Opening  and  maintenance  of  roads  '72-627 

MORGAN  TOWNSHIP— Independent  School  District  erected  '52-717 

Bounty  tax  authorized  '64-1021 

Uwchlan  Township  road  law  extended  to  '69-703 

MORRIS  TOWNSHIP— Road  repairs  '71-694,  repealed  '99-27 

MOUNT  MORRIS  erected  into  a  separate  school  district  '50-142 

Independent  School  District,  authorized  to  borrow  money        '71-182 

OVERSEERS  OF  POOR  abolished  '40-115,  '59-580 

PAUPERS— Care  and  employment  of  '40-111,  '59-580 

When  to  be  committed  '55-380 

Fees  for  removing  of  '71-404 

PENALTY  on  delinquent  taxes  '57-ro3 

PERRY  TOWNSHIP— Separate  election  district  '42-44 

Bounty  tax  authorized  '64-787 

Collection  of  bounty  tax  '68-424 

POOR  DIRECTORS— See  Directors  of  Poor 

POOR  FUND— Fines  payable  to  '64-65 

POOR  HOUSE— Erection  of  '40-111,  '41-334,  '50-311,  '59-580,  '60-69 

RICHHILL  TOWNSHIP— Two  additional  Supervisors  authorized      '59-214 

Bounty  tax  authorized  '64-83 

Uwchlan  Township  road  law  extended  to        '69-703,  repealed  '99-244 

ROAD  MASTERS— Election  of  '44-568 

ROAD  TAXES — Assignment  of,  to  certain  sections  '68-o67 

ROAD  VIEWS  AND  REVIEWS         Act  of  March  12,  '60,  repealed  '76-207 

Regulated  '45-25 

SOUTH  ALEPPO  SCHOOL  DISTRICT  erected  '52-601 

SPRING  HILL  TOWNSHIP— Polling  place  fixed  '61-158 

Game  Act  of  April  21,  '69,  repealed  as  to  squirrels  '72-625 

Jacob  Renner's  farm  transferred  to  Gilmore  Township  Act  rep.  '72-636 

SUPERVISORS— Duties  of,  in  relation  to  paupers  '40-116,  '59-580 

Election  of  '44-5'o8 

Pay  fixed  '65-690 


LIST  OF  SPECIAL  ACTS.  4^5 

Greene  County — Continued. 

TAXES— To  regulate  collection  of  '55-528,  '62-56,  '68-667,  '69-808,  '85-204 

Tenalty  on — See  Assessments — Road  Taxes  '57-163 

TRESPASS  on  orchards,  etc.,  penalty  for  '61-478 

VIEWERS  OF  ROADS  '45-25,  '76-207 

WASMIJNGTON  TOWNSHIP— 

Two  additional  Supervisors  authorized  '59-214 

Roads,  Cumberland  Township,  Act  extended  to  '72-101 

WAYNE  TOWNSHIP— Polling  place  changed  '60-112 

Two  additional  Supervisors  authorized  '60-152 

Eounty  tax  authorized  '65-184 
Game                   Act  of  April  21,  '69,  repealed,  as  to  squirrels  '72-625 

WHITELEY  TOWNSHIP— Additional  Supervisors  '67-1029 


HUNTINGDON  COUNTY. 

Organized  from  part  of  Bedford  County,  September  20,  1787.    Ch.  1300. 

ANTIS  TOWNSHIP— Polling  place  fixed  '42-53 

APPEALS  from  assessments  '32-153 

BARREE  TOWNSHIP— Election  of  Supervisors  '32-152,  '48-187 

BAYNTON,  PETER— Taxes  on  land  of,  paid  by  State  Ch.  4899 

BOARD  OF  REVISION  OF  TAXES  '62-148 

BRADY  TOWNSHIP— Polling  place  fixed  '54-247 

BRIDGES                                                  Act  of  April  13,  '43,  repealed  '44-86 

CARBON  TOWNSHIP— Erection  of  lock-up  '59-451 

CASS  TOWNSHIP— Polling  place  fixed  '43-53 

State  road  changed  '54-441 

CLAY  TOWNSHIP— Repairs  of  roads  '64-167 

Four  Supervisors  authorized  '69-418 

CONSTABLES  to  remove  obstructions  in  navigable  streams  Ch.  5111 

Duties  of,  in  relation  to  collection  of  taxes  '72-179 

COUNTY  BRIDGES  Act  of  April  13,  '43,  repealed  '44-36 

CROMWELL  TOWNSHIP— Additional  Supervisor  authorized              '61 -08 

DIRECTORS  OF  THE  POOR— Pay  fixed  '51-29 

Duties  and  election  of  '50-693 

Mileage  allowed  '55-377 

Sale  of  Poor  House  farm  '52-653 

Authorized  to  purchase  real  estate  '71-80 

Mileage  and  time  of  meeting     Act  of  March  14,  '73,  repealed  '76-136 


406  APPENDIX. 

Huntingdon  County — Continued. 

DUBLIN  TOWNSHIP— Certain  roads  Act  of  April  5,  '43,  rep.  '50-641 

Polling  place  fixed  '53-81 

Additional  Supervisor  authorized  '61-68 

FRANKLIN  TOWNSHIP— Polling  place  fixed  '44-14,  '50-730 

FKANKSTOWN  TOWNSHIP— Separate  School  District  '37-233 

FKU IT— Protection  of  '60-362 

HENDERSON  TOWNSHIP— Polling  place  fixed  '49-110 

Act  to  annex  farm  of  John  Warfel  to  Oneida  Township  re- 
pealed '72-1050 
HOPEWELL  TOWNSHIP— Polling  place  fixed                              '51-294,  563 
Bounty  tax  authorized                                                     '64-1019,  '66-501 
HUNTINGDON  SCHOOL  DISTRICT— Boundaries  extended '51-121,  '52-143 
JACK.SON  TOWNSHIP— Loan  authorized  '52-667 
Roads  and  bridges                          Act  of  April  22,  '57,  repealed  '59-133 
Polling  place  changed                                                                        '59-145 
MORRIS  TOWNSHIP— Independent  School  District  erected               '70-1084 
ONEIDA  TOWNSHIP — Certain  lands  annexed  to  for  school  purposes  '66-613 
Act  to  annex  farm  of  John  Warfel  repealed                               '72-1050 
ORCHARDS— Protection  of  '60-3o2 
OVERSEERS  OF  POOR— Office  abolished  '50-696 
PATTERSON  INDEPENDENT  SCHOOL  DISTRICT— Erection  of  '70-1084 
PENN  TOWNSHIP— Polling  place  fixed                                   '53-175,  '54-354 
POOR  DIRECTORS— See  Directors  of  Poor 

POOR  HOUSE— Erection  of  '50-692,  '51-29 

POOR  HOUSE  FARM— Sale  of  '52-653 

PORTER  TOWNSHIP— Cash  road  tax  '52-206 

Erection  of  Independent  School  District  '71-1279 

Bounty  tax  authorized  '64-1019 

Pay  of  Supervisors  '67-1230 

ROADS  Act  of  April  13,  '43,  repealed  '44-8o 

ROAD  TAXES— Collection  of  '30-41 

SHIRLEY  TOWNSHIP— Polling  place  fixed  '42-49,  '54-193 

Two  additional  Supervisors  authorized  '61-162 

Collection  of  road  tax  '69-1096 

I'wenty-mill  road  tax  authorized  '71-837 

County  appropriation  to  a  certain  road  '71-415 

SNYDER  TOWNSHIP— Separate  election  district  '42-53,  264 

SOUTH  MAHONING  TOWNSHIP— Election  of  Supervisors  '51-87 

SPRINGFIELD  TOWNSHIP— Polling  place  fixed  '44-575 

SUGARGROVE  TOWNSHIP— Separate  election  district  '42-127 


I 


LIST  OF  SPECIAL  ACTS.  4^7 

Huntingdon  County — Continued. 

SUFEKVISORS— Duties  of  '30-41 

Not  required  to  give  bond  Act  of  April  16,  '61,  repealed  '89-168 

TAXES — To  regulate  the  collection  of.    See  Board  of  Revision — Con- 
stables—Road Taxes         '65-796,  '72-179,  '85-204.     See  '01-398 
TELL  TOWNSHIP— Polling  place  fixed  '43-53 

Twenty-mill  road  tax  authorized  '71-837 

County  appropriation  to  certain  road  '71-415 

TOD  TOWNSHIP— Polling  place  fixed  '49-110 

Erection  of  lock-up  '58-153 

TOWNSHIP  ACCOUNTS— Settlement  of  '30-41,  190,  '54-260 

TOWNSHIP  AUDITORS— Pay,  election  and  duties  of  '30-190,  '54-2o6 

TRESPASS — On  orchards,  gardens,  etc.,  penalty  for  '60-362 

On  railroad  cars  prohibited  '73-181 

UNION  TOWNSHIP— Polling  place  fixed  '43-52,  '44-18 

UNSEATED  LANDS — Owners  of  may  appeal  from  assessments  '33-153 

WALKER  TOWNSHIP— Erection  of  independent  school  district       '71-1279 
WARRIOR'S  MARK  TOWNSHIP— Polling  place  fixed  '42-321 

Bounty  tax  authorized  '65-142 

Water  Company  '53-742,  '57-480,  '63-403 

Compensation  of  Auditors  and  Supervisors  fixed  '72-1025 

WOODBURY  TOWNSHIP— Separate  assessment  district  '39-594 


INDIANA  COUNTY. 

Ojganized  from  parts  of  Westmoreland  and  Lycoming  Counties,  March  30, 
1803.    Chapter  2363. 

APPEALS  FROM    ASSESSMENTS  '71-665 

ARMSTRONG  TOWNSHIP— Polling  place  fixed  '49-556,  '53-214 

W.  C.  McKnight's  land  attached  to  '51-140 

ASSESSMENTS— Appeal  from.     Bee  Taxes  '71-665 

ASSESSORS— Pay  fixed                             '66-718,  '67-505,  '68-1120,  '69-683 

BLACKLICK  TOWNSHIP— Election  and  duties  of  Supervisors  '51-88 

Special  school  tax  '68-996 

BRIDGES— Building  and  maintaining  '60  144 

BRUSH  VALLEY  TO WNSHIP— Polling  place  fixed  '61-158 

Election  of  Supervisors  '60-55 

BURRELL  TOWNSHIP— Polling  place  fixed  '54-106 

Election  of  Overseers  of  Poor  '59-465 

Collection  of  road  taxes  '66-718 


408  APPENDIX. 

Indiana  Coiinty — Continued. 

Liquor  licenses  '67-591 

Surplus  bounty  fund  '67-917 

To  prevent  cattle,  etc.  from  running  at  large  '70-580 

CEMTRE  TOWNSHIP— Boundaries  enlarged  '50-726 

Additional  Supervisor  authorized  '57-131 

Polling  place  fixed  '60-111 

Cli ERRY  HILL  TOWNSHIP— Polling  place  fixed  '55-52 

Election  of  Treasurer — Part  of  road  tax  collectible  in  money, 

'56-382,  repealed  '95-66 
Additional  Justice  of  the  Peace  '67-192 

CLARKSBURG  SCHOOL  DISTRICT  erected  '50-180 

CONEMAUGH  TOWNSHIP— 

Road  taxes  part  payable  in  money  '50-373,  '56-78 

Four  Supervisors  authorized  '68-873 

{Supervisors  authorized  to  collect  road  taxes  in  money  '72-457 

CONSTABLES— Duties  of  in  relation  to  collection  of  taxes  '72-954,  '73-472 

DIRECTORS  OF  POOR— Election,  pay  and  duties  of  '55-202 

Erection  of  Poor  House  and  purchase  of  farm  '55-202,  '56-326 

DRAINAGE  of  wet  and  swampy  lands  '63-293 

Of  mines  '71-318 

FRUIT— Protection  of  '53-491,  '55-155 

GARDENS— Protection  of  '53-491,  '55-155 

GEORGEVILLE  SCHOOL  DISTRICT  erected  '52-600 

GREEN  TOWNSHIP— Polling  place  fixed  '55-52 

Part  of  road  tax  payable  in  money  '57-72 

Supervisors  and  Overseers  to  give  bond — Election  of  Treasurer  '61-682 

Election  of  Treasurer  Act  of  April  17,  '56,  repealed  '64-374 

Bounty  tax  authorized  '65-116 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  38o8 

LAND— Drainage  of  '63-293 

MAHONING  TOWNSHIP— Auditors   appointed   to   settle   accounts. 

See  North  Mahoning— East  Mahoning  '46-366,  '47-180 

Election  and  pay  of  Supervisors  '51-87 

Supervisors  Act  of  April  10,  '26,  repealed  '27-385 

NORTH  MAHONING  TOWNSHIP— Polling  place  fixed  '54-446 

ORCHARDS— Protection  of  '53-491,  '55-155 

OVERSEERS— Pay  increased  '68-1120 

PINE  TOWNSHIP— Separate  election  district  '49-556 

POOR  DIRECTORS— See  Directors  of  Poor. 

POOR  HOUSE— Erection  of  '55-202 

Purchase  of  farm  '55-202^  '56-326 


LIST  OF  SPECIAL  ACTS.  4O9 

Indiana  County — Continued. 

RAYNE  TOWNSHIP— Election  of  Auditors  '46-21 

Erection  of  public  hall  '67-1207 

ROAD  VIEWS— Notice  to  be  given  '57-310 

ROAD  VIEWERS— Pay  fixed  '69-o83 

ROADS — Opening  and  maintaining.     See  Surveyors  '60-144 

SCHOOL  DISTRICTS  Act  of  April  22,  '41,  repealed         '50-137 

Directors  authorized  to  condemn  land  for  school  houses.     See 

Teachers'  Institutes  '65-228 

SUPERVISORS— Pay  fixed  '68-1120,  '69-683 

SURVEYORS  OF  ROADS— Pay  fixed  '54-239,   '69-683 

bW AMPS— Drainage  of  '63-293 

TAXES,  SPECIAL,  in  aid  of  railroad  extension  '53-348 

To  regulate  the  collection  of  '72-954,  '85-204 

Time  of  payment.     See  Assessments — Constables  '73-472 

TOWNSHIP  AUDITORS— Pay  fixed  '68-1120,  '69-683,  '70-1217 

TOWN  TREASURER  Act  of  May  1,  '61,  repealed  '64-874 

TRESPASS  on  orchards  and  gardens  '53-491,  '55-155 

VIEWERS  of  drains  for  wet  and  swampy  lands,  duties  of.  See  Road  '63-293 

WASHINGTON  TOWNSHIP— Four  Supervisors  authorized  '54-14'3 

Bounty  tax  authorized  '67-334 

WET  LANDS— Drainage  of  '63-293 

WHEATFIELD  TOWNSHIP— Election  of  constable  '25-67 

Polling  place  fixed  '60-36 

WHITE  TOWNSHIP  Act  of  March  11,  '51,  annexing  land  rep.  '87-123 

Auditors,  election  of  '44-60 

Bogg,  Alexander,  land  of,  attached  to  '46-420 

Getty,  John,  land  of,  annexed  to  '62-298 

Indiana  Borough,  part  annexed  to  '44-327,  '48-444,  '58-86 

Indiana  School  District,  part  annexed  to  '48-444 

McDonald,  Wilson,  land  of,  annexed  to  '49-528 

Polling  place  fixed  '72-1378 

Poor  taxes,  collection  of  '73-839 

Road  taxes  to  be  collected  in  money  '64-772,  '68-826 

Road,  part  of,  annexed  to  Indiana  '71-1155 

School  loan  authorized  '67-970 

School  taxes,  collection  of  '73-339 

St.  Clair,  John,  Act  annexing  farm  of,  repealed  '87-123 

Supervisors,  election  of  '51-480 

YOUNG  TOWNSHIP— New  school  district  erected  '52-528 

Polling  place  fixed  '50-87,  '60-32 

Four  Supervisors  authorized  '65-733 


4IO 


APPENDIX. 


JEFFERSON  COUNTY. 

Organized  from  part  of  Lycoming  County,  March  26,  1804,  Ch.  2466 

BAKNETT  TOWNSHIP— Duties  of  Supervisors  '48-208,  '51-519 

Polling  place  fixed  '32-409,  '35-357,  '54-446 

BEAVER  TOWNSHIP— Election  and  school  district  erected  '50-63 

Erection  of  '50-114 

Boundaries  Act  of  March  12,  '44,  repealed  '51-608 

Boundaries  extended  '50-454,  1033,  '52-245 

Polling  place  fixed  '50-114,  '53-59 

Boundaries  Act  of  April  11,  '50,  repealed  '54-634 

CLOVER  TOWNSHIP— Polling  place  fixed  '42-322,  '50-114 

CORSICA  TOWNSHIP— Farm  of  James  A.  Aaron  annexed  to        '72-1120 

DOG  TAX  Act  of  April  20,  '54,  repealed  '55-30 

ELDRED  TOWNSHIP— Polling  place  fixed  '50-113,  '51-470,  '54-447 

Additional  poor  tax  authorized  '70-839 

ELECTIONS— Time  of  holding  '41-71,  '50-322,  345,  '58-328 

Township,  expense  to  be  paid  by  townships  '45-328 

FOX  TOWNSHIP— Clearfield  County  annexed  to  '68-651 

FRUIT— Protection  of  '61-478 

GARDENS— Protection  of  '61-473 

GASKILL  TOWNSHIP— Polling  place  fixed  '42-322,  '44-75 

Return  of  unseated  lands,  nunc  pro  tunc  '67-1521 

HEATH  TOWNSHIP— Polling  place  fixed  '47-422 

Roads,  election  of  Road  Commissioners  '48-50 

KNOX  TOWNSHIP— Polling  place  fixed  and  relative  to  taxes    '53-428,  466 

McCALMONT  TOWNSHIP— Return  of  unseated  land,  nunc  pro  tunc  '60-283 

Bounty  tax  authorized  '66-346 

NORTH  PORTER  TOWNSHIP— Erection  of  sub-school  district        '50-18o 

OLIVER  TOWNSHIP— Return  of  school  taxes  on  unseated  lands      '59-148 

ORCHARDS— Protection  of  '61-478 

PERRY  TOWNSHIP— Divided  into  two  school  districts  '42-124 

New  election  and  school  districts  erected  '51-42-35 

Polling  place  fixed  '51-42,  '53-525 

PINE  CREEK  TOWNSHIP— Erection  of  Ch.  2715 

Roads,  election  of  Road  Commissioners  '48-50 

POLK  TOWNSHIP— Polling  place  fixed  '51-192 

Fifteen  mill  road  tax  authorized — Supervisors'  pay  fixed  '64-456 


LIST  OF  SPECIAL  ACTS.  4II 

Jefferson  County — Continued. 

PORTER  TOWNSHIP— Polling  place  fixed.  See  North  Porter    '49-221,  555 
Re-audit  of  accounts  '57-566 

School  district  reduced  '50-186 

RINGGOLD  TOWNSHIP— Jurisdiction  of  School  Directors  '50-181,  '52-38 
Erection  of  '50-68 

School  District  enlarged  '52-111 

Polling  place  fixed  '50-68,  '53-118 

Return  of  unseated  lands,  nunc  pro  tunc  '67-1521 

ROAD  TAX— Two-thirds  to  be  worked  before  October  1st. 
See  Supervisors — Surveyors. 

'31-493.     Act  of  April  2,  '67,  repealed  '68-135 
On  unseated  land  '42-320,  '53-518,  '62-214 

Labor  '68-437 

ROADS — Grading  and  improvement  of        See  Supervisors  '26-387,  '31-493 
Repair  of  Act  of  April  10,  '26,  repealed  '28-463 

Expenses  of  opening  to  be  paid  by  townships  '45-328 

ROAD  VIEWS  Act  of  April  7,  '45,  repealed  '50-205 

Viewers,  pay  fixed  '67-662 

ROSE  TOWNSHIP— Polling  place  fixed  '42-322 

Boundaries  fixed  '38-600 

School  taxes  payable  to  Brookville  '37-379 

Disbursement  of  road  taxes  '62-438 

Certain  road  authorized  '72-1016 

SCHOOL  DIRECTORS  may  condemn  lands  for  school  purposes  '65-228 

SNYDER  TOWNSHIP— Polling  place  fixed  '35-352,  '42-325 

Part  of  Fox  Township,  Clearfield  County,  annexed  to  '68-651 

Tax  on  unseated  lands,  return  of,  nunc  pro  tunc  '69-292 

Acts  of  J.  W.  Green,  Justice  of  the  Peace,  validated  '69-569 

Repair  and  opening  of  roads  by  contract  '69-919 

Sale  of  liquor  prohibited  '72-453 

SOUTH  PORTER  TOWNSHIP— Erection  of  sub-school  district  in  '50-186 
SUPERVISORS  to  give  bond— See  Roads  '45-328 

To  appropriate  road  tax  '31-493 

Pay  fixed  '65-531,  '68-437,  '72-672,  '74-138 

SURVEYORS  of  roads  and  bridges,  compensation  fixed  '67-662,  '72-672 
TAX  COLLECTORS— Penalty  for  refusing  to  serve  '62-i96 

Appointment  of  '61-1079 

TAXES — Additional  authorized.    See  Road  Taxes  '64-461 

Collection  of  '57-53,  '71-1079 


412 


APPENDIX. 


Jefferson  County — Continued, 

TOWNSHIP  AUDITORS  to  file  statement  with  Clerk  of  Courts        '45-329 

To  settle  first  Monday  in  February  '65-718 

Pay  fixed  '67-662,  828,  '70-714 

TOWNSHIP  ELECTIONS  '41-71,  '42-322 

TOWNSHIP  OFFICERS  Act  of  April  2,  '67,  repealed  '68-135 

TOWN  CLERK— Election  and  pay  of  '67-662 

TOWNSHIP  to  pay  expenses  of  opening  roads  and  elections  '45-328 

Treasurer  to  give  official  bond  '67-662 

TRESPASS — On  orchards,  gardens,  etc.,  penalty  for  '61-478 

UNION  TOWNSHIP— Erection  of  '49-560 

Separate  election   district  '49-557 

Polling  place  fixed  '50-114,  '52-245 

VIEWERS  OF  ROADS  '45-254,  '50-205,  '67-662 

WARSAW  TOWNSHIP— Separate  election  district  '42-325 

Roads,  election  of  Road  Commissioners  '48-50 

Road  tax  restricted  '48-50 

Roads  and  bridges  Act  of  February  13,  '47,  repealed  '49-221 

WASHINGTON  TOWNSHIP— Polling  place  fixed  '49-557,  553 

WHITES VILLE  SCHOOL  DISTRICT  erected  '42-124 

YOUNG  TOWNSHIP— Polling  place  fixed  '51-293 

Collection  of  school  tax  '55-77 


JUNIATA  CGUITTY. 


Organized  from  part  of  Miflflin  County,  March  2,  1831,  P.  L. 


BEALE  TOWNSHIP— Separate  election  district 

Powers  of  Constables 

Land  of  John  Woodward  annexed  to 
Of  William  Bratton  annexed  to 

Poor  house  erection 
BRIDGES  on  Juniata  River,  erection  of 

Free  on  Juniata  River 
DAMAGES— Road 
DELAWARE  TOWNSHIP— Preservation  of  game 

Polling  place  fixed 

New  road  and  additional  road  tax  authorized 

Special  audit  of  accounts 
DIRECTORS  OF  THE  POOR— Election  and  duties  of 


'43-54 

'51-594 

'53-186 

'59-473 

'65-6o5,  '66-937,  '67-910 

'51-803 

'50-172,  267 

'46-231,  '59-283 


'52-586 
'61-780 
'70-735 
'72-796 
'44-518,  '52-369 


LIST  OF  SPECIAL  ACTS.  4^3 

Juniata  County — Continued. 

DRAINAGE  of  wet  and  swampy  lands  '63-293 

EVENDALE  INDEPENDENT  SCHOOL  DISTRICT 

Election  of  Assessors  authorized  '72-272 

FAYETTE  TOWNSHIP— Preservation  of  game  '56-404 

FERMANAGH  TOWNSHIP— Polling  place  fixed  '51-429,  '52-381 

Damage  for  trespass  of  cattle,  etc.  '62-250 

Bounty  tax  authorized  '65-512,  515,  '66-270 

Two  additional  Auditors  to  be  elected  '69-383 

GREENWOOD  TOWNSHIP— School  Directors  authorized  to  collect 

balance  of  bounty  tax  '72-1022 

Preservation  of  game  '56-404 

LACK  TOWNSHIP— Separate  election  district  '49-557 

Separate  road  district  erected  '51-470 

Polling  place  fixed  '52-238 

Election  of  Supervisor  Act  of  April  12,  '51,  repealed  '62-287 

Bounty  tax  authorized  '66-439 

Poor  house,  erection  of  '65-665,  '66-937,  '67-910 

Fences,  legal  requirements  for  '71-1137,  repealed  '01-190 

Tenants  to  maintain  fences  '71-1137,  repealed  '01-190 

LAND— Drainage  of  '63-293 

MILFORD  TOWNSHIP— Separate  election  district  '43  54 

{Separate  road  district  erected  '51-611 

Preservation  of  game  '56-404 

Damages  for  trespass  of  cattle,  etc.  '62-250 

Poor  house— Erection  of  '65-665,   '66-937,   '67-910 

MONROE  TOWNSHIP— Independent  school  district  authorized        '70-255 

OVERSEERS  OF  POOR— Office  abolished  '44-521 

PAUPERS— Legal  settlement  and  care  of  '44-521,  '52-5'o9,  '65-665 

POOR  DIRECTORS— See  Directors  of  Poor. 

POOR  HOUSE— Erection  of  '44-518,  '52-369,  '65-665 

ROAD  DAMAGES— Assessment  of  '46-231,  '59-283 

ROADS— Act  of  March  29,  '59,  repealed.    Act  of  February  24,  '45, 

adopted  '71-329 

SUPERVISORS— Duties  of,  in  relation  to  the  poor  '44-521,  '52-372 

Pay  fixed  '69-983 

SWAMPS— Drainage  of  '63-293 

TOWNSHIP  AUDITORS— Compensation  of  '72-925 

TURBETT  TOWNSHIP— Polling  place  fixed  '44-574,  '52-631 

Protection  of  game  '56-404 

Poor  house,  erection  of  '65-6o5,  '66-937,  '67-910 


414  APPENDIX. 

ouniata  County — Continued. 

TUSCARORA  TOWNSHIP— Separate  election  district                       '49-557 

Separate  road  district  '51-470 

rolling  place  fixed  '52-238 

Poor  house,  erection  of  '65-665,  '66-937,  '67-910 

Certain  lands  annexed  to  Reed  School  District  '71-'o67 

To  pay  bounty  claims  '70-676,  '71-1191 

WALKER  TOWNSHIP— Preservation  of  game  '52-536 

Bounty  tax  authorized  '65-492 

WET  LANDS— Drainage  of  '63-293 

LACKAWANNA  COUNTY. 
Organized  from  part  of  Luzerne  County,  by  decree  of  Court,  August  13,  1878. 

ABINGTON  TOWNSHIP— Roads   and   bridges. 

See  North  Abington— South  Abington  '46-205 

Sale  of  liquors  regulated  '52-287,  '53-386 

Dog  tax  for  protection  of  sheep  '62-452 

Divided  into  two  wards  '64-810 

Cattle  running  at  large  Act  of  March  17,  '69,  repealed  '70-158 

BENTON  TOWNSHIP— Roads  and  bridges  '46-205 

Polling  place  fixed  '51-140 

Dog  tax  for  protection  of  sheep  '62-452 

Fishing  regulated  '67-325,  '69-648,  '73-1122 

Bounty  surplus  transferred  to  school  fimd  '67-522 

Protection  of  fish  in  '69-648 

Protection  of  pickerel  in  Sheik's  pond  '64-132,  '66-331 

Collection  of  judgments  for  taking  fish  from  ponds  and  lakes  '73-1122 

BLAKELY  TOWNSHIP— Roads  and  bridges  '46-205 

Election  of  additional  Justices  of  the  Peace  '48-515 

Erection  of  poor  house  '61-346 

Directors  of  Poor,  appointment  of  '61-346,  '62-232 

Repairing  roads  by  contract  Act  of  April  3,  '62,  repealed  '64-214 

Bounty  tax  authorized  '64-544 

Election  of  Constables  '67-942 

Appointment  of  Auditors  '68-1  lOT 

CARBONDALE  TOWNSHIP— Election  of  Justice  of  the  Peace    '43-59,  104 
Roads  and  bridges  '46-205 

Payment  of  Coimty  tax  to  Carbondale  Borough.    Act  repealed  '77-84 
Appointment  of  Flour  Inspector  '49-582 

Supervisors  to  give  bond  '52-422 

Polling  place  fixed  '51-294 


LIST  OF  SPECIAL  ACTS.  415 

Lackawanna  County — Continued. 

COVINGTON  TOWNSHIP— Roads  and  bridges  '46-205 

One-fourth  of  County  tax  to  be  paid  to  Scranton  '70-903,  '77-83 
To  be  divided  into  two  wards                                         '69-377,  '74-377 

Appointment  of  auctioneers  '70-1040 

Drainage  of  land  '68-452 

FELL  TOWNSHIP— Roads  and  bridges  '46-205 

Polling  place  fixed  '52-128,  449 
Payment  of  County  tax  to  Carbondale  Borough      Act  repealed  '77-84 

Twenty  mill  road  tax  authorized  '68-850 

Lien  of  judgments  of  Mayor's  Court  of  Scranton  '57-337 

GREENFIELD  TOWNSHIP— Polling  place  fixed  '58-111 

Bounty  tax  authorized  '67-912 

Lien  of  judgment  of  Mayor's  Court  of  Scranton  '57-387 

JEFFERSON  TOWNSHIP— Roads  and  bridges  '46-205 

Dog  tax  for  protection  of  sheep  '62-452 

County  tax  payable  to  Scranton.     Act  repealed  '77-83 

Bounty  tax  authorized                                              •  '64-492 

Appointment  of  auctioneer  '70-1040 
Polling  place  fixed                                                             '50-702,  '72-1391 

LACKAWANNA  TOWNSHIP  to  constitute  part  of  poor  district  of 

Pittston,  etc.  '60-298,  '62-155,  '81-77 

Appointment  of  Director  of  Poor  by  Court  '70-661 

Roads  and  bridges  '46-205 

Auctions  regulated  '69-350 

Boundaries  extended  '62-343 

Bounty  tax  authorized  '64-544 

LAND— Drainage  of  '68-452 

MADISON  TOWNSHIP— Polling  place  fixed  '50-113 

Dog  tax  for  protection  of  sheep  '62-452 

Bounty  tax  authorized  '64-49^ 

One-fourth  of  County  tax  to  be  paid  to  Scranton  '70-903,  '77-83 
Roads                                          Act  of  February  8,  '60,  repealed  '66-704 

Appointment  of  auctioneers  '70-1040 

School  loan  authorized  '71-598 

NEWTON  TOWNSHIP— Roads  and  bridges  '46-205 

Polling  place  fixed  '43-51,  '52-39 

Bounty  tax  '66-359 

Erection  of  Poor  House  '68-06O 

NORTH  ABINGTON— Erection  of  poor  house  '68-6'60 

Bounty  money  appropriated  to  school  purposes  '75-65 

NORTHERN  POOR  DISTRICT  '68-660 


41 6  APPENDIX. 

Lackawanna  County — Continued. 

OLD  FORGE  TOWNSHIP  erected  ^1-1239 

Appointment  of  Director  of  the  Poor  by  Court  '70-661 

To  constitute  part  of  poor  district  of  Jenkins  Township,  Pitts- 

tonboro  and  Pittston  Township  '81-77 

PROVIDENCE  TOWNSHIP— Powers  of  trustees  of  township, 

'35-274,  '41-321,  '62-526,  '69-132 

Election  and  duties  of  township  officers  '41-321 

Roads  and  bridges  '46-205 

Polling  place  fixed  '50-702 

Out  door  poor,  relief  of  '63-233 

Poor  House,  regulation  of  '62-352,  '63-233,  '66-230,  '68-760,  '71-1090 

Annexed  to  Scranton  '66-1034 

Accounts  of  the  poor  '71-1090 

Name  of  poor  district  changed  to  Scranton  Poor  District       '79-28 

RANSOM  TOWNSHIP— Polling  place  fixed  '50-114,  '51-192 

Bounty  tax  authorized  '66-470 

Cattle,  etc.  not  to  run  at  large  '68-865 

Auctions  regulated  '70-1241 

ROARING  BROOK  TOWNSHIP— Erection  of  '71-1086 

SOUTH  ABINGTON— Erection  of  Poor  House  '68-660 

Bounty  money  appropriated  to  school  purposes  '75-65 

SPRING  BROOK  TOWNSHIP— Polling  place  fixed  '54-353 

WATER  COURSES— To  be  kept  open  '68-452 

WET  LANDS— Drainage  of  '68-452 


LANCASTER  COUNTY. 

Organized  from  part  of  Chester  County,  May  10th,  1729.    Chapter  306. 

APPEALS  FROM  ASSESSMENTS  '23-66,  '72-215 

ASSESSMENTS— Appeals  from  '23-66,  '72-215 

Regulating  '27-57 

Of  farms  divided  by  township  lines  '42-244 

Providing  for  appeal  from  decision  of  County  Commissioners  '72-215 

ASSESSORS'  pay  fixed  Act  of  March  23,  '65,  repealed  '91-63 

BART  TOWNSHIP— To  prevent  cattle,  etc.  from  running  at  large    '70-862 

Dog  tax  Act  of  March  25,  '58,  repealed  '72-184 

Roads  Acts  of  March  25,  '53,  and  March  7,  '67,  repealed  '79-7 


LIST  OF  SPECIAL  ACTS.  4I7 

Lancaster  Coimty — Continued. 

BRECKNOCK  TOWNSHIP— Bounty  tax  authorized  '65-208 

Surplus  bounty  funds  '68-214 

Rabbits  and  partridges,  protection  of  '72-643 

Re-audit  of  bounty  accounts  '70-'ol0 

To  consolidate  oflSce  of  Assessor  and  constable, 

Act  of  February  19,  '69,  repealed  '78-39 

BRIDGES — See  Viewers — Supervisors 

Columbia  Bridge  Company  required  to  reconstruct  '67-361 

Over  Conestoga  Creek,  by  Abraham  Witmer,  authorized  Ch.  1302,  1999 
Made  free  Ch.  3529 

County  Commissioners  may  require  townships  to  pay  part  of 

cost  of  erecting  '61-358,  488 

Duties  of,  in  relation  to  '47-170 

Supervisors,  duties  of  '47-171 

Between  townships  '47-171 

Townships  to  pay  part  of  costs  of  '61-358,  488 

Viewers,  how  paid  '44-103 

CAERNARVON  TOWNSHIP— Polling  place  fixed  '44-242 

Taxes  to  be  collected  by  lowest  bidder  '52-327 

Election  of  Assessors  and  constables  '52-694 

Bounty  tax  authorized  '65-695 

CANADA  THISTLES— To  prevent  the  spread  of  '61-421 

CATTLE— To  prevent  running  at  large.  See  Strays  '57-124,  '67-691,  '69-800 

CLAY  TOWNSHIP— Polling  place  fixed  '54-345 

Sale  of  school  house  '59-259 

COCALICO  TOWNSHIP— Election  of  constable.    See  East  Cocalico— 

West  Cocalico  '24-30 

COLERAIN  TOWNSHIP— To  prevent  cattle,  etc.  from  running  at 

large  '70-862 

Dog  tax  Act  of  March  25,  '58,  repealed  '72-184 

COLLECTORS  OF  TAXES  may  be  required  to  give  additional  bail. 

See  Taxes  '40-677 

CONESTOGA  TOWNSHIP— Taxes  to  be  collected  by  lowest  bidder    '52-327 
Erection  of  bridge  over  Pequea  Creek  '59-592,  '61-200 

iSchool  loan  authorized  to  pay  bounties  '67-896 

CONOY  TOWNSHIP— Islands  in  river  a  part  of  election  district        '42-43 
Bounty  tax  authorized  '65-207 

CONSTABLES— Election  of  Ch.  2540 

COURTS  OF  APPEAL  from  assessments  of  taxes  '23-66,  '72-215 


4l8  APPENDIX. 

Lancaster  County — Continued. 

DIRECTORS  OF  THE  POOR— Accounts,  publication  of  Ch.  3850 

Appointments  of  officers,  when  to  make  '61-492 

Apprentices  may  bind  Ch.  2405,  '46-74 

To  take  security  with  '55-321 

Clerk,  appointment  of  Ch.  3850 

Compensation  fixed  '64-422 

Duties  of  Ch.  1960,  2786,  3850,  '24-206,  '37-381,  '46-74 

Election  of  Ch.  1960 

Home  of  the  Friendless,  conveyance  of  land  to  '68-537 

Hospital,  building  of,  authorized  '65-300,  '66-515 

Land,  authorized  to  buy  and  sell  Ch.  4050,  '35-166,  '68-537 

Mileage  allowed         "  '36-303 

Oaths  may  be  administered  by  '37-381 

Paupers,  residence  of  '37-381 

Property  vested  in  Ch.  2786 

Poor  House  farm,  sale  of  part  of  authorized  Ch.  4050,  '35-166 

Poor  House,  new,  erection  of  authorized  '65-300,  '73-420 

Powers  and  duties  of        Ch.  1960,  2876,  3850,  '24-206,  '37-381,  '46-74 
Treasurer  to  file  accoimt  once  a  year  '70-741 

DOG  TAX  Act  of  April  17,  '69,  repealed  '70-924 

DOGS— Registration  of  '54-286 

DRUMORE    TOWNSHIP— Title   to    school   house   vested    in    school 

trustees  '51-465 

Polling  place  changed  '58-117 

Bounty  tax  authorized  '65-154 

Surplus  bounty  fund  '68-283 

Erection  of  town  house  '70-1086 

EARL  TOWNSHIP— Election  of  constables.     See  East  Earl— West 

Earl  '31-108 

Additional  school  tax  '49-395,  '50-276 

Polling  place  fixed  '52-40 

Bounty  tax  authorized  '65-141 

A  portion  of  Ephrata  Township  annexed  to,  for  school  purposes  '63-83 

EAST  COCALICO  TOWNSHIP— Bounty  tax  authorized  '65-281 

Rabbits  and  partridges,  protection  of  '72-643 

EAST  DONEGAL  AND  RAPHO  TOWNSHIPS  authorized  to  pay 

part  of  cost  of  construction  of  bridge  across  Little  Chiques 

Creek  '61-353 

Pay  of  election  officers  '51-465 

Surplus  bounty  fund  '68-138 

To  prevent  cattle,  etc.  from  running  at  large  '65-444 


LIST  OF  SPECIAL  ACTS.  4I9 

Lancaster  County — Continued. 

EAST  EARL  TOWNSHIP— Election  on  common  school  system  '52-329 

Polling  place  fixed  '42-51,  '52-40 

Election  of  Assessors  and  constables  '56-70 

Collection  of  taxes  '57-340,  '58-23 

Erection  of  bridge  over  CJocalico  Creek  '59-593 

EAST   HEMPFIELD   TOWNSHIP— Collection   of   taxes  '49-458 

Re-audit  of  bounty  accounts  '70-473 

EAST  LAMPETER— Polling  place  may  be  changed  by  popular  vote  '42-52 
Appointment  of  constable  and  Justice  of  the  Peace  '42-52 

Separate  election  district  '42-52 

Regulation  of  common  schools  '48-109 

Taxes  to  be  collected  by  lowest  bidder  '48-444 

School  Directors  to  apply  surplus  of  bounty  funds  to  school 

purposes  '67-285 

EAST  STRASBURG  TOWNSHIP— Name  changed  '44-431 

ELECTIONS  regulated  '49-89,  '52-129 

Appointment  of  Overseers  '54-248,  609 

ELIZABETH  TOWNSHIP— Collection  of  taxes  '52-403 

Polling  place  fixed  '54-345 

Dog  tax  repealed  '71-784 

To  prevent  horses,  sheep  and  swine  from  running  at  large      '73-437 
Protection  of  sheep  Act  of  April  7,  '68,  repealed  '71-784 

EPHRATA  TOWNSHIP— Taxes  to  be  collected  by  lowest  bidder      '52-327 
Polling  place  fixed  '43-51,  '52-233 

Levy  and  collection  of  school  taxes  '47-318 

Bounty  tax  authorized  '65-695 

Rabbits  and  partridges,  protection  of  '72-643 

Surplus  bounty  applied  to  school  fund  '67-917 

To  prevent  horses,  sheep  and  swine  from  running  at  large      '73-437 
A  portion  of  annexed  to  Earl  Township,  for  school  purposes        '63-82 
FARMS  divided  by  township  lines,  how  assessed  '42-244 

FRUIT— Protection  of  '55-55,  234,  '60-362 

FULTON  TOWNSHIP— Repairing  roads  by  contract  '68-329 

GARDENS— Protection  of  '55-55,  '60-362 

HARRISON  SCHOOL  DISTRICT  '47-62 

LANCASTER  TOWNSHIP— Separate  election  district  '42-48 

Taxes  to  be  collected  by  lowest  bidder  '54-146 

Fees  of  Justice  of  the  Peace  and  constable  in  vagrant  cases    '71-501 
LAND,  ASSESSMENT  ON— Appeal  from  decision  of  County  Commis- 
sioners provided  for  '23-66,  '72-215 
Divided  by  township  lines,  assessment  of  '42-244 

27 


420 


APPENDIX. 


Iiancaster  County — Continued. 

LEACOCK    TOWNSHIP— Separate    election    district. 
Leacock 

Taxes  to  be  collected  by  lowest  bidder 

Regulation  of  common  schools 

Bounty  tax  authorized 

Relative  to  horse  racing  on  public  highways 


See    Upper 

'44-23 

'48-444 

'48-109 

'65-190,  '66-871 

'67-813 


LiiTLE  BRITAIN  TOWNSHIP— Roads,  Fulton  Township 

Act  extended  to  '72-728,  repealed  '01-189 


LITITZ  SCHOOL  DISTRICT  erected 

Loan  authorized 
MANHEIM  TOWNSHIP— Collection  of  taxes 

Bounty  tax  authorized 
IklANOR  TOWNSHIP  to  be  included  in  Indiantown  District 

School  tax  legalized 
Additional 

Collection  of  taxes 

Bounty  tax  authorized 
MARTIC  TOWNSHIP— Bounty  tax  authorized 

Supervisors  authorized  to  erect  certain  bridges 

Patents  for  lands  on  islands 

Revision  of  road  laws 

Roads,  Fulton  Township  Act  extended  to 

Erection  of  bridge  over  Pequea  Cfeek 
MOUNT  JOY  TOWNSHIP— Election  of  constable 
NEW  MILLTOWN  SCHOOL  DISTRICT  erected 
ORCHARDS— Protection  of 
OVERSEERS  OF  ELECTION 
OVERSEERS  OF  POOR  abolished 
PARADISE  TOWNSHIP— Polling  place  fixed 

Name  changed 

Taxes  to  be  collected  by  lowest  bidder 
PAUPEEiS— Care  and  employment  of 

Non-resident 

Property  of,  vested  in  Directors  of  Poor 

Commitment  and  discharge  of 

Constables'  fees  for  removal  of 
PENN  TOWNSHIP— Collection  of  taxes 

Polling  place  fixed 

Land  annexed  to 


'52-378 

'70-819 

'51-284 

'64-1023 

'43-48 

'48-516 

'49-395 

'50-223,  276 

65-531,  '66-194 

'66-239 

'61-200 

'70-1139 

'69-299 

'72-242 

'59-592 

'47-62 

'52-128 

'55-55,  234,  '60-362 

'54-208,  609 

Ch.  1960 

'44-579 

'44-431 

'54-249 

Ch.  1960,  2387 

'37-381 

Ch.  2786 

'24-206 

'46-74,  '59-520,  '67-960 

'50-223 

'54-345 

'59-194 


To  prevent  horses,  sheep  and  swine  from  running  at  large      '73-437 


LIST  OF  SPECIAL  ACTS.  421 

Lancaster  County — Continued. 

PEQUEA  TOWNSHIP— Polling  place  fixed  '54-49 

Collection  of  taxes  '56-503 

POOR— Education  of  Ch.   4986 

POOR  DIRECTORS— See  Directors  of  Poor 

POOR  HOUSE— Erection  of  Ch.  1960 

Providing  for  erection  of  new  '65-300,  '73-420 

Farm,  sale  of  part  of  Ch.  4050,  '35-166 

PROVIDENCE  TOWNSHIP— Polling  place  fixed  '54-49 

Bounty  tax  authorized  '66-693 

Roads  Act  of  February  5,  '69,  repealed  '75 -'62 

RAPHO  TOWNSHIP— Collection  of  taxes  '50-223 

Bounty  tax  authorized  '64-1014 

And  East  Donegal  Township  authorized  to  pay  part  of  cost  of 

constructing  bridge  across  Little  Chiques  Creek  '61-358 

REGISTRATION  OF  DOGS  '54-286 

ROAD  DAMAGES— See  Supervisors  '44-603 

ROADS— To  provide  for  repair  of  Act  of  April  5,  '70,  rep.  '72-449 

ROAD  VIEWERS— Duties  and  compensation  of  '44-103,  603, '45-21, '57-338 
To  give  notice  to  Supervisors  '58-359 

SADSBURY  TOWNSHIP— Bounty  tax  authorized  '66-607 

To  prevent  cattle,  etc.  from  running  at  large  '70-862 

Dog  tax  Act  of  March  25,  '58,  repealed  '72-184 

Sale  of  school  house  '52-513 

Roads  Act  of  March  16,  '68,  repealed  '83-77,  '89-4 

Fulton  Township  Act  extended  to  '72-673 

SALISBURY  TOWNSHIP— Schools  regulated  '46-153 

Taxes  to  be  collected  by  lowest  bidder  '52-327 

Election  of  Assessors  and  Constable  '52-694,  '67-266 

Sale  of  school  house  '52-513 

Bounty  tax  authorized  '66-607 

Repairing  roads  by  contract  '68-329 

STRASBURG  TOWNSHIP— Polling  place  fixed.  See  West  Strasburg  '42-45 
Separate  election  district  '43-52 

To  prevent  cattle,  etc.  from  running  at  large  '65-444 

To  legalize  assessment  of  bounty  taxes  '67-950 

Surplus  bounty  applied  to  school  purposes  '68-249 

STRAYS— Empounding  and  sale  of.     See  Cattle  Ch.  2865,  '57-124 

SUPERVISORS— Duties  of,  in  relation  to  paupers.  See  Roads  Ch,  1960,  2387 
To  take  charge  of  Little  Conestoga  Turnpike  Road  '42-3,  28 

Duties  of,  in  relation  to  bridge  repairs  '47-171 

To  give  bonds  '48-252,  '51-519,  '52-266 


422  APPENDIX. 

Lancaster  County — Continued. 

To  have  notice  of  road  riews  '58-359 

Pay  fixed  '65-634 

SWINE — To  prevent  running  at  large.    See  Strays  '57-124 

TAX  COLLECTORS  may  be  required  to  give  additional  bail  '40-677 

TAXPAYERS  may  be  witnesses,  arbitrators,  Judge  or  jury  for  or 

against  county  '27-186 

TAXES— Collection  of  '27-57,  '60-84 

In  new  townships  '48-141 

Assessment  of  '23-66,  '27-57,  '42-244,  '72-215 

THISTLES,  CANADA— To  prevent  spread  of  '61-421 

TOWN  CLERK— Election  of  Ch.  2865 

TOWNSHIPS,  NEW— Collection  of  taxes  in  '48-141 

May  be  required  to  pay  part  of  cost  of  county  bridges    '61-358,  488 

TREASURER  OF  POOR  FUND  to  file  accounts  once  a  year.     See 

County  Treasurer — Township  Treasurer  '70-741 

TRESPASS  on  orchards,  gardens,  etc.,  penalty  for  '55-55,  234,  '60-362 

UPPER  LEACOCK  TOWNSHIP— Separate  election  district  '44-23 

Collection  of  taxes  '49-458 

Bounty  tax  authorized  '66-172 

Dog  tax  repealed  '71-784 

VIEWERS— 

Road  and  bridge,  how  paid.    See  Roads    '44-103,  603,  '45-21,  '57-338 

WARWICK  TOWNSHIP— Election  of  Constables, 

Act  of  March  29,  '25,  repealed  '31-109 
Polling  place  fixed  '52-609 

Collection  of  taxes  '63-58 

Erection  of  bridge  over  Cocalico  Creek  '59-592 

Appointment  of  Notary  Public  '69-123 

WEST   COCALICO   TOWNSHIP— Taxes   to  be  collected  by  lowest 

bidder  '54-249 

Bounty  tax  authorized  '65-207,  '66-671 

Rabbits  and  partridges,  protection  of  '72-643 

WEST  DONEGAL  TOWNSHIP— Polling  place  fixed  '44-245,  '72-782 

To  prevent  cattle,  etc.  running  at  large  '67-691,  rep.  '69-800 

WEST  EARL  TOWNSHIP— Collection  of  taxes  '51-234 

Protection  of  sheep  Act  of  April  7,  '68,  repealed  '71-784 

WEST  HEMPFIELD  TOWNSHIP— Collection  of  taxes  '50-223 

Dog  tax  Act  of  March  23,  '65,  repealed  '66-244 

Surplus  bounty  applied  to  school  fund  '67-1262 

WEST  LAMPETER  TOWNSHIP— Polling  place  fixed  '42-52 

Taxes  to  be  collected  by  lowest  bidder  '48-444 

Roads  and  highways  Act  of  April  5,  '62,  repealed  '63-392 


LIST  OF  SPECIAL  ACTS.  423 


LAWBEITCE  COUNTY. 

Organized  from  parts  of  Bearer  and  Mercer  Counties,  March  20,  1849. 

P.  L.  551. 

ASSESSORS— Pay  fixed  '65-218 

Election  of  '51-205 

BIG  BEAVER  TOWNSHIP— Erection  of  '50-107 

Cattle,  etc.  prohibited  from  running  at  large  '68-1121 

Additional  school  tax  authorized  '70-495 

BRIDGE  VIEWERS— Appointment  of  '52-488 

BRIDGES— See  County  Bridges  Act  of  March  7,  '44,  rep.  '51-161 

CONSTABLES — Duties  of,  in  relation  to  collection  of  taxes  '53-333 

Fees  to  be  paid  before  appeal  taken  '73-126 

COUNTY  BRIDGES  AND  CAUSEWAYS— 

When  to  become  a  charge  upon  districts  where  located  '72-1007 

DIRECTORS  OF  THE  POOR— 

Election  and  duties  of  '56-352,  '68-227,  '79-168 

Compensation   fixed  '73-607 

Of  City  of  New  Castle  to  succeed  Directors  of  Poor  of  Law- 
rence County — To  appoint  Treasurer  '73-606 
DOG  TAX  to  pay  sheep  losses                                                   '66-767,  '71-550 
DRAINAGE  of  land  and  mines                                                 '66-902,  '72-303 
ELECTIONS  regulated                                   '49-562,  '50-107,  '54-556,  '56-292 
FRUIT  AND  FRUIT  TREES— Protection  of                           '55-169,  '67-907 
GARDENS— Protection  of                                                                            '55-169 
HICKORY  TOWNSHIP— Additional  Supervisor  authorized  '60-155 
To  prevent  cattle,  etc.  running  at  large                                        '70-576 
Cows  permitted  to  run  at  large,  when                                           '73-134 
JUSTICE  OF  THE  PEACE— 

To  pay  certain  fines  to  School  Treasiirer  '50-627 

To  enlarge  jurisdiction  of  '70-254,  '71-47 

LANDS  appropriated  to  soldiers  Ch.  996 

Swampy,  drainage  of  '66-902,  '72-303 

LITTLE  BEAVER  TOWNSHIP— Erection  of  '54-107 

Polling  place  changed  '61-701 

To  prevent  cattle,  etc.  from  running  at  large  '67-1082 

Land  of  Henry  Alcorn  annexed  to,  for  school  purposes  '68-1067 

Land  of  D.  A.  MeKean  annexed  to,  for  school  purposes, 

'68-1067,  '70-317 
To  regulate  the  taking  of  game  '71-537 


424  APPENDIX. 

Lawrence  County — Continued. 

MAHONING  TOWNSHIP— Polling  place  fixed  '53-466 

Eoads,  opening  and  maintenance  of  '53-383,  repealed  '03-30 

To  prevent  cattle,  etc,  from  running  at  large  '70-576 

NESHANNOCK  TOWNSHIP— 

Polling  place  fixed  '49-560,  '52-134,  152,  182,  384,  '53-384 

Opening  and  repair  of  roads  '53-383,  repealed  '03-30 

NEW  CASTLE  INDEPENDENT  SCHOOL  DISTRICT— 

Election  of  Directors  '58-95 

NORTH  BEAVER  TOWNSHIP— 

To  prevent  cattle,  etc.  from  running  at  large  '69-1137 

To  regulate  the  taking  of  game  '71-537 

NORTH  SEWICKLEY  TOWNSHIP— Part  attached  to  Wayne  '50-107 

NORTH  SLIPPERY  ROCK  TOWNSHIP— Name  changed.    See  Slip- 
pery Rock  '50-107 

Opening  and  repair  of  roads  '53-383,  repealed  '03-30 

ORCHARDS— Protection  of  '55-169,   '67-907 

ORNAMENTAL  TREES— Preservation  of  '67-907 

OVERSEERS  OF  POOR— Election  of  '58-172 

Compensation  of  '66-512 

PERRY  TOWNSHIP— Erection  of  '50-107 

To  prevent  cattle,  horses,  mules  and  sheep  from  running  at 

large  '72-438 

PLAIN  GROVE  TOWNSHIP— Taxes  on  land  of  J.  C.  Shaw  '62-291 

Cattle,  horses,  etc.  at  large  '73-273 

POLLOCK  TOWNSHIP— Election  of  Supervisors,  etc. 

Act  of  March  31,  '59,  repealed  '60-150 

Draining  lands  Act  of  May  7,  '64,  repealed  '65-399 

POOR  DIRECTORS— See  Directors  of  the  Poor 
POOR  HOUSE— Erection  and  government  of  '56-352 

Acts  of  March  8,  '66,  April  11,  '66,  February  7,  '67,  Febru- 
ary 28,  '68,  and  April  13,  '68,  and  April  12,  '69,  repealed  '79-168 
POOR  TAXES— Assessment  of  '68-1050,  '79-163 

PULASKI  TOWNSHIP— Opening  and  repairs  of  roads  '53-383,  rep.  '03-30 

Shenango  Township  attached  to  '50-107 

ROAD — See  Supervisors  Act  of  May  7,  '44,  repealed  'Sl-lSl 

Damages  '50-108,  '52-488 

ROADS — Opening  and  maintaining  '50-108 

ROADS  AND  BRIDGES  Act  of  April  13,  '53,  rep.  '67-444 

ROAD  VIEWERS— Appointment  of  '52-488 

Powers  and  duties  of  '50-108,  '52-488,  '54-62 

SCHOOL  FUND  to  receive  certain  fines  '50-627 


LIST  OF  SPECIAL  ACTS.  42$ 

Lawrence  County — Continued. 

SCOTT  TOWNSHIP— To  prevent  cattle,   horses,  mules,   sheep   and 

hogs  from  running  at  large  '72-438 

SHEEP— Damages  to,  paid  by  tax  on  dogs  '66-767,  '71-550 

SHENANGO  TOWNSHIP  attached  to  Pulaski  '50-107 

Three  Supervisors  authorized  '51-203 

Polling  place  fixed  '52-68 

Bounty  tax  authorized  '68-134 

PAY  OF  AUDITORS  AND  SUPERVISOEiS  Act  of  April  2,  '70,  rep.  '71-749 

To  prevent  cattle,  horses,  sheep,  mules  and  hogs  from  running 

at  large  '72-438 

SLIPPERY  ROCK  TOWNSHIP— 

Name  changed.     See  North  Slippery  Rock  '50-107 

Polling  place  fixed  '26-404 

Three  Supervisors   authorized  '51-203 

Opening  and  repair  of  roads  '53-383 

Polling  place  fixed  '64-380 

SUPERVISORS— Powers  and  duties  of  '50-108 

Pay  fixed  '66-512 

SWAMPS— Drainage 'of  '66-902,  '72-303 

TAX  DUPLICATES  Form  of  Act  of  March  1,  '61,  repealed  '73-717 

TAXES— Collection  of,  penalty  '54-600 

Collection  of  '50-979,  '52-197,  '53-383,  '59-13,  '61-81 

Act  of  April  7,  '49,  repealed  '91-110 
Poor— Acts  of  March  8,  '66,  April  11,  '66,  February  11,  '67, 

February  28,  '68,  April  13,  '68,  April  12,  '69,  repealed  '79-163 

TAYLOR  TOWNSHIP— Polling  place  fixed  '53-310,  448 

School  loan  authorized  '62-24,  '67-476 

To  prevent  cattle,  sheep  and  swine  from  running  at  large      '73-650 

TOWNSHIP  AUDITORS— Pay  fixed  '66-512 

TREES— Fruit  or  ornamental,  preservation  of  '55-169,  '67-907 

TRESPASS  on  orchards,  etc.  '55-169,  '67-907 

UNION  TOWNSHIP— School  loan  authorized  70-599 

Bounty  tax  authorized  '67-569,  '68-507 

Pay  of  Supervisors  and  Auditors  fixed  '70-816 

To  prevent  cattle,  etc.  from  running  at  large  '72-438 

VIEWERS— Road  and  bridge,  appointment  of  '52-488 

Road,  powers  and  duties  of  '50-108,  '52-488,  '54-62 

WASHINGTON  TOWNSHIP— 

To  prevent  cattle,  etc.  from  running  at  large  '70-576 

WAYNE  TOWNSHIP— 

Part  of  North  Sewickley  Township,  attached  to  '50-107 

To  prevent  cattle,  etc.  from  running  at  large  '73-187 


426  APPENDIX.  j 

Lawrence  CoTinty — Continued. 

WET  LANDS— Drainage  of  '66-902,  '72-303 

WILMINGTON  TOWNSHIP— Erection  of  '50-107 

Sale  of  school  house  '51-205,  '69-8'69 

Opening  and  repair  of  roads  '53-383  repealed  '03-30 

Polling  place  fixed  '53-406 

To  prevent  cattle,  etc.  from  running  at  large  '70-576 

Cows  may  run  at  large,  when  '71-105 

School  loan  authorized  '69-869,  '71-524 

LEBANON  COUNTY. 

Organized  from  parts  of  Dauphin  and  Lancaster  Counties  Feb.  16,  1813. 

Ch.  3650. 

BETHEL  TOWNSHIP— Boundaries  extended  in  Dauphin  County    Ch.  4999 
Erection  of  school  house  '51-238 

Sale  of  school  house  '52-312 

Erection  of  Washington  Township  '47-257 

Hunting  deer  with  dogs,  prohibited  '60-217 

School  loan  '50-343 

BRIDGE  VIEWS— How  paid  '48-424,  '72-413 

Act  of  April  '8,  '48,  repealed  '91-114 

Act  relative  to,  repealed  '54-877 

Over  Quilapahilla  Creek  '61-167 

BRIDGE  AND  ROAD  VIEWS  regulated  '72-413,  '91-114 

Over  Union  Canal  to  be  maintained  by  county    '68-1009,  '74-415,  460 

BRIDGES  to  be  maintained  by  county  '69-415 

To  regulate  building  of  '50-476 

BUTLER  TOWNSHIP— School  loan  authorized  '50-343 

CATTLE  running  at  large.  Act  of  April  11,  '66,  repealed  '67-1021 

COLD  SPRING  TOWNSHIP— Polling  place  fixed  '54-24'6,  345 

Hunting  deer  with  dogs  prohibited  '60-217 

CORNWALL  TOWNSHIP— Polling  place  fixed  '54-145,  '64-377 

COUNTY  BRIDGES— To  regulate  building  of  '50-476,  '69-415 

DELINQUENT  TAXES— Penalty  '65-482 

DIRECTORS  of  the  Poor,  pay,  election  and  duties  of  '30-105,  '70-106 

Duties  of  '39-106,  '42-92 

Authorized  to  sell  land  '68-506 

DOGS — ^Taxed  and  made  personal  property  '73-846 

EAST  HANOVER  TOWNSHIP— Separate  election  district    '42-324,  '43-55 

Boundaries  extended  in  Dauphin  County  Ch,  4999 

School  loan  authorized  '51-139 


LIST  OF  SPECIAL  ACTS.  42/ 

Lebanon  County — Continued. 

Hunting  deer  with  dogs  prohibited  '60-217 

Bounty  tax   authorized  '65-'612 

ELECTIONS  regulated  '52-481 

To  change  time  of  holding  '69-226,  '72-194 

FRUIT— Protection  of  '61-478 

GARDENS— Protection   of  '61-478 

HEIDELBERG  TOWNSHIP— Sale  of  school  house  '53-268 

Supervisors  to  give  bonds  '45-236 

Bounty  tax  authorized  '66-659 

JACKSON  TOWNSHIP— Polling  place  fixed  '40-348,  663 

Tax  Collectors  to  give  bonds  '49-169 

School  loan  authorized  '50-136 

Macadamizing  a  certain  road  '64-755,  '65-484 

Palatinate  College  exempt  from  taxation  '68-602 

JUSTICE  OF  THE  PEACE — County  divided  into  districts  Ch.  3868 

LEBANON  TOWNSHIP— See  North  Lebanon-^outh  Lebanon  '35-353 

MILL  CREEK  TOWNSHIP— Erection  of  '44-21 

Supervisors  to  give  bond  '46-237 

Sale  of  meeting  house  '6 1-3 16 

NORTH  LEBANON  Independent  School  and  Road  District,  erected  '71-892 

NORTH  LEBANON  TOWNSHIP— Election  of  School  Directors        '44-606 

Loan  authorized  '72-1060 

Polling  place  fixed  '52-567 

ORCHARDS— Protection  of  '61-473 

OVERSEERS  OF  POOR  abolished  '30-110 

PENALTY  to  delinquent  taxes  '65-482 

POOR  HOUSE— Erection  of  '30-105 

ROAD  AND  BRIDGE  VIEWS— To  regulate  '72-413,  '91-114 

ROAD  VIEWS— How  paid  '48-424 

SOUTH  LEBANON  TOWNSHIP— Erection  of  '40-710 

Supervisors  to  give  bond  '48-429 

Divided  into  two  election  districts  '53-404,  '54-145 

SUPERVISORS  to  perform  duties  of  Overseers  of  Poor  '30-110 

To  give  bond  '49-169 

TRESPASS  on  orchards,  etc.  '61-478 

UNION  TOWNSHIP— Erection  of  '43-55 

Hunting  deer  with  dogs  prohibited  '60-217 

Certain  road  vacated  '69-844 

VIEWS— Road  and  bridge,  to  regulate  '72-413,  '91-114 

VIEWERS— How  paid  '48-424,  '72-413 

WASHINGTON  TOWNSHIP— Erection  of  '47-257 


428  APPENDIX. 

LEHIGH  COUNTY. 

Organized  from  part  of  Northampton  County,  March  6,  1812,  Ch.  3454. 

ASSESSORS'  Pay  fixed  '67-433 

BETHLEHEM  TOWNSHIP— Election  of  treasurer  and  supervisors  '65-102 

BRIDGES— Materials  taken  for.        Act  of  April  16,  '48,  repealed  '51-870 

Over  Lehigh  River  at  Allentown  '63-264 

Fast  driving  on,  prohibited  '68-367 

COLLECTORS  OF  TAXES— Appointment  of  '44-160 

Part  of  commissions  to  be  paid  to  school  fund  '64-894 

CONSTABLES— Eligibility  to  re-election  '27-24 

DALLAS  TOWNSHIP— Name  changed  to  Washington  Township      '48-508 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '40-186,  '44-256,  '45-9 

Pay  fixed  '65-442 

Authorized  to  sell  land  '59-223,  '73-615 

ELECTION— Regulation  of  '52-39,   '71-204 

FRUIT— Protection  of  '48-160,  '53-387,  '60-328,  '61-478 

GARDENS— Protection  of  '53-387,  '61-478 

HANOVER  TOWNSHIP— Preservation  of  birds  and  game  '41-43 

Bounty  tax  authorized  '65-221 

To  prevent  cattle,  etc.,  from  running  at  large  '71-600 

HEIDELBERG  TOWNSHIP— Polling  place  fixed  '42-331,  452,  '50-414 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

LOW  HILL  TOWNSHIP— Polling  place  fixed  '53-131 

Bounty  tax  authorized  '66-710,  '69-1238,  '71-1034 

LOWER  MACUNGIE  TOWNSHIP— Length  of  term  of  constable      '44-573 

Eligibility  to  re-election  '50-332 

Polling  place  fixed  '50-10 

Tax  on  ore  beds  '70-241 

LOWER  SAUCON  TOWNSHIP— Road  tax  on  zinc  ore  mines  '71-844 

LYNN  TOWNSHIP— Election  of  Supervisors  '51-424 

JSIACUNGIE  TOWNSHIP— New  school  district. 

See  Lower  Macungie — Upper  Macungie  '61-247 

ICORTHAMPTON  TOWNSHIP— Constables  eligible  to  re-election     '33-209 
Preservation  of  birds  and  game  '41-43 

Inspectors  of  liquors  '46-300 

NORTH  WHITEHALL  TOWNSHIP— Election  of  Supervisors  '40-69 

OKCHARDS— Protection  of  '48-160,  '53-387,  '60-328,  '61-478 

OVERSEERS  OF  POOR  abolished  '40-186,  '44-260 


LIST  OF  SPECIAL  ACTS.  429 

Lehigh.  County — Continued. 
POOTl  DIRECTORS— See  Directors  of  Poor. 

POOR  HOUSE— Erection  of  '40-186,  '44-256,  '45-9 

ROAD  VIEWERS— Powers  and  duties  of  '45-184 

ROADS — Opening  and  maintenance  of  '60-76 

SOUTH  WHITE  HALL  TOWNSHIP— Election  of  Supervisors  '36-97 

Election  of  Constables  '42-55 

Bounty  tax  authorized  '65-105,  '66-936 

SUPERVISORS— Duties  of,  in  relation  to  poor  '40-190,  '44-260 

TAX   COLLECTORS— Appointment  of.     See  Assessor  '44-160 

Commissions,  part  to  be  paid  to  school  districts  '64-894 

TAXES — To  enforce  prompt  payment  of,  from  decedents'  estates      '71-780 

UPPER  MACUNGIE  TOWNSHIP— 

Eligibility  of  Constables  to  re-election  '57-332 

Bounty  tax  authorized  '65-232 

UPPER  MILFORD  TOWNSHIP— Polling  place  fixed  '54-271 

Bounty  tax  authorized  '65-677 

UPPER  SAUCON  TOWNSHIP— Election  of  Constables  '42-145 

Polling  place  fixed  '53-355 

Bounty  tax  authorized  '65-102,  251 

Tax  on  ore  beds,  authorized  '68-1127,  '69-851 

To  prevent  cattle,  etc.,  from  running  at  large  '70-89'6 

VIEWERS— Powers  and  duties  of  '45-184 

WASHINGTON  TOWNSHIP— Polling  place  fixed  '50-10 

Name  of  Dallas  Township  changed  to  '48-508 

WEISENBURG  TOWNSHIP— Polling  place  fixed  '54-271 

Assessment  and  collection  of  taxes  '68-181 

Bounty  tax  authorized  '64-1027,  '65-116 

New  school  district  '61-247 


430  APPENDIX. 


LUZEBNE  COtTNTY. 

Organized   from    part   of   Northumberland   County,   September   25,    1786, 

Ch.  1233. 

ASSESSMENT  of  land  to  be  without  regard  to  location  of  Mansion 

House  '47-133 

ASSESSORS  Act  of  July  11,  '42,  repealed  '47-133 

Pay  increased — See  Unseated  Lands  '65-121,  177 

BEAR  CREEK  TOWNSHIP— Separate  election  district  '54-651 

BEDFORD  TOWNSHIP— Classification  of  lands  Ch.  3218 

BLACK  CREEK  TOWNSHIP— Polling  place  fixed  '49-555,  '50-416 

BRIDGES— County,  repairs  of  '46-164 

Proceedings  specified  '70-1199 

On  county  lines,  building  of      Act  of  April  1«,  '70,  repealed  '76-192 

Act  of  April  13,  '43,  rep.  '44-86 

BUCK  TOWNSHIP— Bounty  tax  authorized  '65-118 

Appointment   of  auctioneers  '70-1040 

BUTLER  TOWNSHIP— Election  of  Supervisors  '40-344 

Town  treasurer  abolished  '40-344 

CATTLE  prohibited  from  running  at  large. 

See  Fences  '66-1114,  '67-1224,  '68-301,  865 

CENTRAL  POOR  DISTRICT— Erection  of  house  for 

'60-538,  '62-64,  69,  '63-293,  '64-326,    '67-378,    '73-754 
COLLECTION  OF  TAXES— See  Taxes  '62-339,  '66-966 

CONSTABLES— Election  of  '27-24 

COUNTY  BRIDGES— Repairs  of  '46-164 

Proceedings  specified  '70-1199 

DENISON  TOWNSHIP— Separate  road  district  erected  '59-602 

Act  of  April  14,  '51,  repealed  '66-597 

Erection  of  poor  house  '65-683 

Lateral  railroads  '48-1 

Appointment   of   auctioneer  '70-704 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '44-360,  '58-276,  387 

DOG  TAX— Levy  and  collection  of 

'57-603,  '64-154,  '71-153,  repealed  '97-203,  204 
DOGS— To  prevent  hunting  deer  and  elk  with  '43-223,  '53-288,  '77-46 

DRAINING  farming  lands  '68-452 


LIST  OF  SPECIAL  ACTS.  43 1 

LtLzeme  County — Continued. 

EXETER  TOWNSHIP— 

Act  to  attach  part  of,  to  Falls  Township,  repealed  '43-51 
Certain  road  from  Kingston  to  Wilkesbarre  '51-533 

Supervisors  may  restore  water  courses  to  former  channel        '51-285 
Road  Commissioners  and  Road  Taxes 

Act  of  April  11,  '68,  repealed  '70-121 
To  prevent  cattle,  etc.  from  ruiming  at  large 

'65-628,  '66-1114,  '67-1224,  '68-301,'7O-878 
Auctions  regiilated  '69-350,  '70-1241 

FAIRMOUNT  TOWNSHIP— Polling  place  fixed  '57-149 

Hunting  deer  with  dogs  prohibited  '60-217 

FALLS  TOWNSHIP— Division  into  two  election  districts  '42-335 

Rate  of  road  tax  to  be  fixed  by  vote  of  people  '42-43 

Election  of  Supervisors  '41-211,  '42-47 

FARMING  LANDS— Drainage  of  '68-452 

FENCES  Act  of  March  27,  1784,  repealed  Ch.  2578 

FOSTER  TOWNSHIP— Erection  of  poor  house  '61-565 

Unseated  land  tax,  distribution  of  '62-302 

Return  of,  nunc  pro  tunc  '70-671 

Appointment  of  auctioneer  '70-704 

Pathmasters 

Act  of  March  12,  '68,  repealed,  '70-994,  '73-278,  '79-61 
To  be  reimbursed  for  building  bridge  '72-538 

FRANKLIN  TOWNSHIP— Separate  election  district  '44-79,  242 

Roads  and  bridges  '46-205 

Election  of  road  Commissioners 

Act  of  April  11,  '68,  repealed  '69-424 

HANOVER  TOWNSHIP 

Incorporation  of  trustees  of  proprietors  '31-367,  '71-316 

Election  of  Supervisors  '41-70 

Polling  place  fixed  '43-54,  '44-77,  579 

Annexed  to  Wilkesbarre  Poor  District  '62-64 

Boimty  tax  authorized  '65-232 

Trustees  of  proprietors  to  pay  to  Poor  Fund  '67-376 

Cattle,  etc.,  not  to  nm  at  large, 

'65-628,  '66-1114,  '67-1224,  '68-301,  865 
Supervisors'  pay  fixed  '70-1127 

HAZLE  TOWNSHIP— Erection  of  Poor  House  '61-565 

Sale  of  liquor  prohibited  '51-447 

Repairing  roads  by  contract  '62-128 


432  APPENDIX. 

Luzerne  County — Continued. 

Auctioneers  Act  of  March  15,  '72,  defined  and  modified  '74-422 

Audit  of  Pathmaster's  accounts  '73-247 

Pathmasters  Act  of  March  12,  '68,  repealed  '81-114 

HOLLENBACH  TOWNSHIP— Polling  place  fixed  '71-1366 

HUNTINGDON  TOWNSHIP— Trustees  of,  incorporated       '41-371,  '43-360 
Polling  place  fixed  '50-114 

Hunting  deer  with  dogs  prohibited  '60-217 

Bounty  tax  authorized  '65-200 

Supervisors  authorized  to  lay  special  tax  '73-530 

To  prevent  cattle,  etc.  from  running  at  large  '78-96 

JACKSON  TOWNSHIP— Trustees  of,  incorporated  '48-480,  '50-456 

Special  twenty-mill  tax  authorized  '50-456 

Cash  road  tax  '67-494 

JENKINS  TOWNSHIP— Polling  place  fixed  '53-552,  589 

Erection  of  Poor  House         '57-439,  '59-673,  '64-840,  '70-661,  '81-77 
Poor  indebtedness  '65-490 

Incorporation   of  '61-790,   '70-1226 

Poor  House,  management  of, 

'60-273,  298,  '66-189,  486,  '67-991,  '71-1239 

Appointment  of  Directors  of  Poor  by  Court  '70-661 

Auctions  regulated  '69-350 

To  constitute  a  part  of  Jenkins  Township,  Pittston  Borough 

and    Pittston    Township    Poor    District.     Amendment    to 

Act  of  May  8,  '57,  repealed  '81-77 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3863 

KINGSTOWN  TOWNSHIP— 

Auditors.     See  North  Kingston  '68-504 

Trustees  incorporated  Ch.  5159 

Bounty  tax  legalized  '64-492,  '67-488,  '68-131 

Bridges  '46-205 

Cattle,  etc.,  not  to  run  at  large 

'65-628,  '66-1114,  '67-1224,  '68-301,  865 
Constable,  additional  election  of  '69-1149 

Justice  of  the  Peace,  powers  of  '71-1340 

Lock-up  in  Wyoming  '71-1339 

Polling  place  fixed  '49-555 

Roads  and  bridges  '46-205 

Road  Commissioners  Act  of  April  11,  '68,  repealed  '72-568 

Road  taxes,  collection  of  '72-568 

(Sidewalks  '51-583 

School  loan  authorized  '73-408 


LIST  OF  SPECIAL  ACTS.  433 

Luzerne  County — Continued. 

Supervisors,  duties  of  Act  of  April  15,  '34,  repealed  '38-195 

To  give  bond  '52-422 

Election  of  '38-195 

May  collect  taxes  '67-517 

Swine  prohibited  from  running  at  large  Ch.  3185 

Township  Treasurer  Act  of  April  11,  '68,  repealed  '72-5'68 

Trustees  of  township,  incorporated  Ch.  5159,  '60-691 

Wilkesbarre  poor  district,  Kingstown  to  be  annexed  to  '64-326 

Wyoming,  policeman  and  lock-up  in  '71-1339 

LAKE  TOWNSHIP— Separate  election  district  '72-46 

Election  of  officers  confirmed  '43-51 

Polling  place  fixed  '63-116 

LAND— Drainage  of  '68-452 

Assessment  of  '47-133 

LEHMAN  TOWNSHIP— Land  conveyed  to  schools  '51-816 

Roads  and  bridges  '35-213,  '46-205 

Boundaries  extended  '49-582 

Collection  of  road  taxes  '49-582 

Relative  to  school  fund  '51-817 

MARCY  TOWNSHIP— To  constitute  part  poor  district  of  Jenkins 

Township,   Pittston   Borough  and  Pittston  Township  '81-77 

MIDDLE  COAL  FIELD  POOR  DISTRICT— 

Erection  of  and  regulation  of                        '62-178,  '71-1349,  '72-212 

Powers  and  duties  of  Directors  '73-683 

NEWPORT  TOWNSHIP— Trustees  of,  incorporated  '38-70,  '62-63 

Re-survey  of  Ch.  2840 

Erection  of  Poor  House  '62-63 

Annexed  to  Wilkesbarre  Poor  District  '62-64 
Cattle,  etc.  prohibited  from  running  at  large, 

'65-628,  '66-1114,  '67-1224,  '68-301 

NORTH  KINGSTON  TOWNSHIP— Polling  place  fixed  '52-537 

OVERSEERS  OF  POOR— 

Election  of,  to  be  returned  to  Quarter  Sessions  '42-48 

Election  of  '42-47 

Abolished  '44-360 

To  give  official  bond  '57-472 

PAUPERS — Care  and  employment  of.     See  Poor  House 

PITTSTON  TOWNSHIP— Trustees,  incorporated.     See  South  Pitts- 
ton—West  Pittston  '38-70,  '70-1226 
Polling  place  fixed  '42-49,  '53-181 
Boundaries  changed  '62-343 


434  APPENDIX. 

Luzerne  County — Continued. 

Justice  of  the  Peace  may  be  Notary  Public  '68-927 

Cattle,  etc.  not  to  run  at  large  '68-865 

Auctions  regulated  '69-350,  '70-1241 

Poor  District,  erection  of  Poor  House, 

'57-439,  '59-673,  '70-661,  '81-77 
Inspection  of  flour  '50-282 

Poor  House,  management  of  '60-298,  '64-840,  '67-991 

Supplement  to  Act  of  May  8,  '57  '81-77 

Appointment  of  Directors  of  Poor  by  Court  '70-661 

PLAINS   TOWNSHIP— Polling   place  fixed  '52-39 

Trustees  of  proprietors  incorporated  '59-664,  '67-1109 

Election  of  School  Director  '59-664 

Annexed  to  Wilkesbarre  poor  district  '62-64 

Bounty  tax  authorized  '64-492 

Cattle,  etc.  not  to  run  at  large, 

'65-628,  '66-1114,  '67-1224,  '68-301,  865 
Burial  ground,  purchase  of  land  for  '67-1109 

School  loan  authorized  '71-76 

Supervisors'  pay  fixed  '71-1194 

Court  to  appoint  pathmasters  in  '74-471 

PLYMOUTH  TOWNSHIP— Bounty  tax  authorized  '64-492 

Cattle,  etc.  not  to  run  at  large, 

'65-628,  '66-1114,  '67-1224,  '68-301,  865 
Constables,  election  of  '70-118 

Divided  into  two  election  districts  '67-336 

Justice  of  the  Peace  may  be  Notary  Public  '68-123 

Officers,  election  of  '36-97 

Overseers  to  give  bond  '52-422,   '57-472 

Poor  House,  erection  of  '62-273 

Proprietors,  incorporation  of  trustees  of 

'31-367,  '36-97,  '48-480,  '62-273,  '67-975 

Fund  appropriated  to  School  Building  Fund  '67-975 

Road  taxes,  appropriation  of  '70-1117 

Supervisors,  duties  of  '47-213 

Act  of  April  15,  '34,  repealed  '38-195 

And  Overseers  to  give  bond  '52-422,  '57-472 

Election  of  '38-195 

Taxes,  collection  of  '47-213,  '51-640 

Wilkesbarre  Poor  District,  Plymouth  annexed  to  '62-64 

POOR  HOUSE— Erection  of  '44-360,  '58-276,  387,  '64-326 


LIST  OF  SPECIAL  ACTS.  435 

Luzerne  Coxinty — Continued. 

ROAD  VIEWERS— Powers  and  duties  of.    See  Supervisors  '41-379,  '45-52 

ROADS— Width  of,  fixed  '68-824 

Laying  out  and  opening  '51-582,  '74-206 

ROADS  AND  BRIDGES,  State,  damages    Act  of  March  30,  '46,  rep.  '47-75 

Act  of  March  11,  '44,  repealed,  '45-262 
ROSS  TOWNSHIP— Polling  place  fixed  '42-45 

Hunting  deer  with  dogs  prohibited  '60-217 

Obstruction  in  outlet  of  North  and  South  Ponds  prohibited    '69-1103 
SALEM  TOWNSHIP— Trustees  of  proprietors  incorporated  '32-479 

Polling  place  fixed  '50-113 

Bounty  tax  authorized  '65-576 

Cattle,  etc.  prohibited  from  running  at  large, 

'65-628,  '66-1114,  '67-1224,  '68-301 

Road  tax  to  be  paid  in  money  '67-1051 

Re-audit  of  accounts  '68-459 

School  loan  authorized  '71-838 

SCHOOL  DIRECTORS— To  levy  and  collect  dog  tax.    See  Dog  Tax 

SHEEP— To  improve  the  breed  of  Ch.  3524,  3779 

To  provide  for  payment  of  damages  to  '57-603,  '64-154,  '71-153 

To  prohibit  running  at  large  '66-1114,  '67-1224,  '68-301,  865 

SOUTH  PITTSTON  TOWNSHIP— Polling  place  fixed  '51-425 

SPRING  BROOK  TOWNSHIP— Polling  place  fixed  '54-353 

Liens  of  judgments  of  Scranton  Court  '70-903 

SPRING  TOWNSHIP— Polling  place  fixed  '54-651 

SPRINGFIELD  TOWNSHIP— 

Sales  of  land  by  Committee  of  Township,  validated  '36-304 

SUGAR  LOAF  TOWNSHIP— Election  of  Supervisors  '40-77 

Polling  place  fixed  '51-41 

SUPERVISORS — Election  of,  to  be  returned  to  Quarter  Sessions 

See  Roads  '35-46,  '42-48 

Settlement  of  accounts  of  '30-40 

Election  of  '42-47,  435 

Duties  of,  in  relation  to  the  poor  '44-363 

To  give  official  bond  '57-472 

Pay  increased  '65-121,  177 

SWAMPS — Draining  of  '68-452 

SWINE  prohibited  from  running  at  large  Ch.  2578,  '66-1114,  '67-1224 

TAX  COLLECTORS— Appointment  of  '62-339 

TAXES — Collection  of.     See  Assessors  '66-966 

TOWNSHIP  AUDITORS— Election  and  duties  of  '30-40 

Pay  increased  '34-556,   '65-177 

28 


436  APPENDIX. 

liuzerue  County — Continued. 

TOWNSHIPS  to  aid  in  erection  of  Poor  House  '58-276,  378 

UNION  TOWNSHIP— Road  taxes  payable  to  Supervisors 

Acts  of  May  3,  '32,  and  April  9,  '33,  repealed  '35-213 

Polling  place  fixed  '43-52 

Obstructions  in  outlet  of  North  and  South  Ponds,  prohibited  '69-1103 

Supervisors  authorized  to  lay  special  road  tax  '73-530 

UNSEATED  LANDS— Assessment  of  Act  of  April  9,  '73,  repealed  '76-192 

VIEWERS,  ROAD— Powers  and  duties  of  '41-379,  '45-52 

WET  LANDS— Drainage  of  '68-452 

WILKESBARRE  TOWNSHIP— 

Trustees  of  proprietors  incorporated,  '31-367,  '67-1109 

Separate  assessment  district  '38-599 

Election  of  Supervisors  and  Overseers  '40-77,   '52-147,  '67-422 

Supervisors  to  give  official  bonds  '67-472 

Boundary  extended  '47-300 

Erection  of  Poor  House 

'60-538,   '62-64,   '63-298,   '64-326,  '67-378,  '73-754 
Road  districts  '52-147,  '53-364 

Divided  into  wards  '59-661 

Appointment  of  auctioneer  '58-71,   '59-142,   '60-598 

Preservation  of  sidewalks  '63-283,  '70-87,  311,  334,  392,  1153 

Nanticoke  r  ad  '69-1083 

Supervisors'  pay  fixed  '70-1127 

Cattle  at  large  '65-301,  628,  '66-1114,  '67-1224,  '68-301,  865 

Certain  road  widened  '63-326 

Sidewalks,  construction  of  '69-123,  979 

Divided  into  two  school  districts  '52-526,  '66-604,  '89-418 

School  loan  authorized  '69-322 

Overseers  to  give  bonds  '57-472 

WILKESBARRE  POOR  DISTRICT— See  Central  Poor  District 
WRIGHT  TOWNSHIP— Polling  place  fixed  '51-41 

Erection  of  Poor  House  '65-683 


LIST  OF  SPECIAL  ACTS.  437 

LYCOMING  COUNTY. 

Organized  from  part  of  Northumberland  County,  April  13,  1796.    Ch.  1823. 

ADAMS  TOWNSHIP— Name  changed  to  Limestone  To^vnship  '35-274 

ANTHONY  TOWNSHIP— Polling  place  fixed  '45-52 

AKMSTRONG  TOWNSHIP— Separate  election  district        '44-242,  '55-491 

Election  district  changed  '45-154,  '46-419 

To  collect  road  taxes  in  money  '56-404 

To  prevent  swine  from  running  at  large  '60-590 

Return  of  unseated  lands  nunc  pro  tunc  '65-635 

To  prevent  cattle,  etc.  from  running  at  large  '73-818 

School  loan  authorized  '70-1124 

Collection  of  road  taxes  in  money      Act  of  May  7,  '55,  rep.  '78-117 

BARTON  INDEPENDENT  SCHOOL  DISTRICT  '68-1155 

iiRADY  TOWNSHIP— Part  annexed  to  Union  County  '61-335 

Himting  deer  with  dogs  prohibited  '71-606 

Pay  of  Supervisors  and  Auditors  fixed  '72-695 

BRIDGES  over  Bald  Eagle  Creek,  penalty  for  fast  driving  Ch.  4788 

Erection  of  Ch.  3200 

Over  Pine  Creek  Ch.  5191 

Viewers,  appointment  and  duties  of  '45-52,  432,  '52-341 

Building  and  maintenance  of  '60-144 

Free,  within  two  miles  of  toll  bridges  '60-341 

Election  in  relation  to  Mosquito  Valley  bridge  '70-1244 

BROWN  TOWNSHIP— 

Part  of  Colbrook  Township,  Clinton  County,  annexed  '67-1019 

CASCADE  TOWNSHIP— Polling  place  fixed  '44-242,  '45-154,  '46-423 

Indebtedness   of  '50-143 

CATTLE  running  at  large.     See  Fences  '68-1122 

CLINTON  TOWNSHIP— George  Porter's  island  attached  to  '32-96 

Protection  of  land  of  James  Mackey  '35-432 

Polling   place   changed  '54-351,   '61-159 

Hunting  deer  with  dogs  prohibited  '71 -'606 

Overseers  and  Supervisors,  pay  fixed  '71-1104 

COGAN  HOUSE  TOWNSHIP— Separate  election  district  '44-77 

Polling  place  fixed  '48-211,  '51-43 

Road  taxes,  Larry's  Creek  Plank  Road  '63-383 

CUMMINGS  TOWNSHIP— Supervisors'  pay  fixed  '68-392 

New  road  Act  to  appropriate  certain  taxes  to  open,  rep.  '72-811 


438 


APPENDIX. 


Lycoming  County — Continued. 
DIRECTORS   OF  THE   POOR— 

Election  and  duties  of  '41-47,  '51-406 

DOGS— Running  deer  with  '50-1056,  '51-412,  '57-606,  '66-746,  '74-299 

Tax  on  '61-233,  '65-335,  '66-903 

Act  of  March  21,  '60,  repealed  '73-444 

Act  of  April  14,  '66,  repealed  '91-95 

DRAINAGE  of  wet  and  spouty  lands  '63-293 

ELECTION  for  or  against  Poor  House  '67-328 

Officers,  compensation  of,  fixed  '73-285,  repealed  '99-238 

Proclamation  to  be  published  in  newspapers  having  largest 

circulation  s  '73-'600 

ELKLAND  TOWNSHIP— Application  of  unseated  land  tax  '41-361 

FAIRFIELD  TOWNSHIP— 

Separate  election  district  '44-77,  '50-111,  '51-570 

Elections  regulated  '51-516 

Polling  place  fixed  '50-111,  '52-39 

Part  annexed  to  Montoursville  Act  of  March  1,  '67,  rep.  '67-468 

To  prevent  cattle,  etc.  from  running  at  large  '73-318 

FENCES— See  Cattle  Act  of  March  27,  1784,  rep.  '31-342,  '32-480 

FOX  TOWNSHIP— Application  of  unseated  land  tax  '41-361 

FRANKLIN  TOWNSHIP— Polling  place  fixed, 

'43-53,  '44-573,  '52-449,  '53-24,  92,  '54-107 

FRUIT— Protection  of  '60-362 

GARDENS— Protection  of  '60-362 

HEPBURN  TOWNSHIP— Election  districts  '33-460,  '42-329,  '45-154 

JACKSON  TOWNSHIP— Return  of  unseated  land  nunc  pro  tunc      '63-331 

Volunteer  bounties  '68-1081 

LAND — Drainage  of  '63-293 

LEWIS  TOWNSHIP— Roads  Act  of  April  10,  '73,  rep.  '89-114 

LIMESTONE  TOWNSHIP— Name  changed  from  Adams  Township    '35-274 

Polling  place  '40-668 

Dog  tax  Act  of  April  14,  '66,  repealed  '72-304 

LONG  REACH  INDEPENDENT  SCHOOL  DISTRICT  authorized  to 

borrow  money  '71-939 

LOYALSTOCK  TOWNSHIP— George  Porter's  Island  detached  from    '32-96 
Polling  place  fixed  '60-'617,  '62-112 

Cash  road  tax  '68-911 

To  prevent  cattle,  etc.  from  running  at  large  '73-818 

LYCOMING  TOWNSHIP— Polling  place  fixed.    See  Old  Lycoming   '59-623 
Supervisors  to  give  security  '55-488,  '61-521 

Overseers  of  Poor  to  collect  certain  moneys  '63-297 


LIST  OF  SPECIAL  ACTS.  439 

Lycoming  County — Continued. 

M'INTYRE  TOWNSHIP— Number  of  public  officers  '69-217 

Relative  to  roads,  Bradford  County  law  extended  to 

'73-696,  rep.  '03-240 

MIFFLIN  TOWNSHIP— Election  of  Supervisor  '40-69,  '46-421 

Polling  place  fixed  '42-43,  322,  '44-77 

Settlement  of  bounty  accounts  '70-1069 

MORELAND  TOWNSHIP— Polling  place  fixed  '50-85 

Joseph  Doctor's  land  annexed  to,  for  school  purposes  '66-470 

MUNCY  CREEK  TOWNSHIP— Hunting  deer  with  dogs  '50-702 

Reaudit  of  bounty  accounts  '69-7'62 

Polling  place  fixed  '68-1062 

Payment  of  boimty  debts  '70-124 

MUNCY  TOWNSHIP— Separate  election  district  '42-43 

Hunting  deer  with  dogs  '53-702 

NIPPENOSE  TOWNSHIP— Polling  place  changed  '45-526,  '61-159 

Dog  tax  Act  of  April  14,  '66,  repealed  '72-304 

To  prevent  cattle,  etc.  from  running  at  large  '73-818 

NORTH  MOUNTAIN  SCHOOL  DISTRICT— Erection  of  '64-619 

Tax  on  unseated  lands  '69-1197 

OLD  LYCOMING  TOWNSHIP— 

Election  of  Supervisors  and  Overseers.    See  Lycoming  '62-42 

To  prevent  cattle,  etc.  from  running  at  large  '73-818 

ORCHARDS— Protection  of  '60-362 

OVERSEERS  OF  POOR  abolished  '41-51,  '51-410 

To  legalize  security  of  '61-521 

PAUPERS— Care  and  employment  of  '41-50,  '51-406 

PENN  TOWNSHIP— Part  annexed  to  Davidson  Township,  Sullivan 

County,  for  schools  '62-258 

Polling  place  '46-420 

PIATT  TOWNSHIP— To  prevent  cattle,  etc.  from  running  at  large  '73-318 

PINE  TOWNSHIP— Tax  for  payment  of  public  debt  '71-355 

Distribution  of  military  bounty  money  '73-500 

PLUNKETT'S  CREEK  TO^VNSHIP— 

Application  of  unseated  land  tax  '41-361 

Polling  place  '42-329,  '47-428 

Hunting  deer  with  dogs  '50-1056,  '51-412,  '53-702 

POLLOCK  TOWNSHIP— Polling  place  fixed  '52-38,  '53-24 

POOR  DIRECTORS— See  Directors  of  the  Poor 

POOR  HOUSE— Erection  of  '41-47,  '51-406 

Election  for  or  against  '67-328 


440  APPENDIX. 

Lycoming  County — Continued. 

PORTER  TOWNSHIP— Polling  place  fixed  '54-356 

School  loan  authorized  '68-762 

To  prevent  cattle,  etc.  from  running  at  large  '73-818 

ROAD  DAMAGES  '68-464 

ROAD  TAXES  on  unseated  lands  '26-272,  '45-201,  432,  '52-238 

ROAD  VIEWERS— Appointment  and  duties  of  '45-432,  '52-52,  341 

ROADS — Opening  and  maintaining  '43-394,  '60-i44 

SCHOOL  TAX  '68-34'6,  790 

SCHOOL  DIRECTORS— Election  of  '68-1063 

gHEEP— To  improve  the  breed  of  Ch.  3779 

Damages  paid  by  tax  on  dogs         '61-233,  '65-335,  '66-903,  '73-444 

Act  of  April  14,  '66,  repealed  '91-95 
SHREWSBURY  TOWNSHIP— Application  of  tax  on  unseated  lands  '41-361 
Polling  place  fixed  '42-43,  '43-53,  '47-429 

Hunting  deer  with  dogs  '50-1056 

Bounty  tax  legalized  '69-789 

SUPERVISORS  authorized  to  lay  ten-mill  tax  Ch.  4873 

Powers  of  '43-394 

Duties  of,  in  relation  to  paupers  '41-51,  '51-410 

To  give  bond  '40-725,  '55-488,  '61-521 

SURVEYORS  AND  VIEWERS  OF  ROADS— Pay  of  '45-52,  '52-341 

SUSQUEHANNA  TOWNSHIP— Separate  election  district  '42-329 

Polling  place  fixed  '54-48 

To  collect  road  tax  in  money  '60-144,  719 

To  prevent  cattle,  etc.  from  rimning  at  large  '73-818 

SWAJMPS— Drainage  of  '63-293 

SWINE  Act  of  March  27,  '84,  repealed  '31-342,  '32-480 

TAXES — Sales  regulated.     See  Loyalstock  Creek — Road  Taxes — Sup- 
ervisors— School  Taxes  '68-275 
On  unseated  lands                                                              '41-361,  '43-394 
To  be  a  lien  on  real  estate                                              '40-642,  '70-866 
On  rafts                                                                                               '65-739 
TRESPASS  ON  ORCHARDS,  GARDENS,  ETC.— Penalty  for              '60-362 
ULSTER  TOWNSHIP— Classification  of  lands                                     Ch.  3218 
UNSEATED  LANDS — Appropriation  of  road  tax  on 

'26-272,   '41-361,   '43-394,   '45-201,   432,  '52-238 

Sales  of.  See  County  Treasurer — Road  Taxes  '50-572,  '51-356,  '68-275 

Separate  account  of  road  taxes  on  '40-201 

UPPER  FAIRFIELD  TOWNSHIP— Polling  place  changed  '61-601 


LIST  OF  SPECIAL  ACTS.  44^ 

Lycoming  County — Continued. 

VlEVV]!:Ra  OF  drains  to  wet  and  spouty  lands  '63-293 

Of  loads,  pay  of  '52-341 

Duties  of  '45-52,  432 
WASHINGTON  TOWNSHIP— 

Hunting  deer  with  dogs  prohibited  '51-412,  '71-606 

Union  County  annexed  to  Ch.  4074 

Bounty  tax  legalized  '68-947 

Supervisors'  pay  increased  '70-1153 

WATSON  TOWNSHIP— Polling  place  '46-20 

WAYNE  TOWNSHIP— Boundary  line  changed  Ch.  4592 

WET  AND  SPOUTY  LANDS— Drainage  of  '63-293 

WOLF  TOWNSHIP— Hunting  deer  with  dogs  '50-1056 

Collection  of  taxes  '55-49] 

Application  of  unseated  land  tax  '41-361 

Polling  place  fixed  '53-531 

WOODWARD   TOWNSHIP— 

To  prevent  cattle,  etc.,  from  running  at  large  '73-818 


McKEAN  COUNTY. 
Organized  from  part  of  Lycoming  County,  March  26,  1804.     Chapter  24'66. 

ANNIN  TOWNSHIP— 

To  prevent  certain  animals  from  running  at  large  '78-99 

APPEALS  from  assessments  to  Courts  '68-236 

ASSESSMENTS— Appeals  from  to  Court  '68-236 

ASSESSORS— Compensation  of  '65-307 

CERES  TOWNSHIP— Polling  place  fixed  '44-76 

COUNTY  BRIDGES  '45-80 

COUNTY  CO.MMISSIONERS— To  appropriate    a    sum    to    certain 

roads,  '38-76,  '45-80,  '46-136,  '47-401,  '48-424,  '53-40» 

Authorized  to  repair  a  certain  road  '46-136,  '48-424,  '50-281,  '53-408 

Appeals  from  assessments  of  '68-236 

Duties  of,  relative  to  dog  tax  and  sheep  claims  '72-415 

Authorized  to  levy  ten  mills  bridge  tax  '72-780 

DIRECTORS  OF  THE  POOR— Pay  of  '43-267 

Election  and  duties  of  '43-267,  '56-340 

DOG  TAX— To  pay  damages  to  sheep  '72-415 

ELDRED  TOWNSHIP— Polling  place  fixed  '52-568 


442  APPENDIX. 

McEean  County — Continued. 

ELECTIONS— Time  of  holding  '40-754,   '49-368 

ELK  TOWNSHIP— Additional  road  tax  '46-204 

HAMILTON  TOWNSHIP— Road  tax  to  be  paid  to  Commissioners      '46-136 

HAMLIN  TOWNSHIP— Polling  place  fixed  '59-23 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

ILEATING  TOWNSHIP— Bounty  tax  authorized  '66-763 

Audit  of  accounts  '66-8 r6 

To  prevent  horses,  etc.  from  running  at  large  '72-1052 

Part  of,  annexed  to  Smethport  '73-691 

LIBERTY  TOWNSHIP— School  loan  authorized  '68-910 

To  prevent  certain  animals  from  running  at  large  '78-99 

OVERSEERS  OF  POOR  abolished  '43-272 

PAUPERS— Care  and  employment  of  '43-272 

POOR  DIRECTORS— See  Directors  of  Poor. 

POOR  HOUSE— Erection  and  management  of  '43-267,  '56-340 

POOR  TAXES  to  be  laid  on  unseated  lands  '73-637 

ROAD  COMMISSIONERS— Duties  of.     See  Supervisors      '44-230,  '46-204 
Election  of  '44-230,  458,  '60-553 

To  act  as  Overseers  of  Poor  '61-648 

KOAD  LAWS— 

Act  of  April  10,  '73,  repealed,  general  road  la^fs  reinstated  '74-298 

Revision  of  '61-497 

ROAD  TAXES— Assessment  and  collection  of  '44-231 

Appropriation  of  '26-387 

Levy  and  collection  of  '46-204,  '53-'614,  '54-825,  '59-636 

Collection  of  on  unseated  lands        Act  of  March  23,  '65,  rep.  '71-1303 

ROAD  VIEWS  made  in  1860  validated  '61-648 

ROAD  VIEWERS— Appointment  of  '70-1070 

ROADS — See  Supervisors  Act  of  February  24,  '47,  rep.  '52-524 

Opening  and  repair  of  '45-80,  '48-424,  '54-825,  '55-240 

Act  of  April   14,  '55,  repealed  '60-553 
Damages  and  benefits  of  opening  of 

'44-231,    '70-1070,    '71-1306.      See   '01-396 
SERGEANT  TOWNSHIP— Polling  place  fixed  '43-54,  '44-242 

SHEEP— Protection  of  from  railroad  '69-1125 

Running  at  large  '68-1122 

Damages  on  to  be  paid  by  county  '72-415 

SHIPPEN  TOWNSHIP— Polling  place  fixed  '54-48 

STRAYS  '54-826 


LIST  OF  SPECIAL  ACTS.  443 

McEean  County — Continued. 

SUPERVISORS  may  give  bonds- 
See  Road  Commissioners — Roads  Ch.  4'619 
Authorized  to  lay  ten-mill  tax  Ch.  4873 
Election  of  '33-77,  '39-64,  '55-240 
Duties  of,  in  relation  to  paupers  '43-272 
In  relation  to  township  expenses                                            '71-1306 

SWINE— Running  at  large  Act  of  March  21,  '33,  repealed  '36-307 

Protection  of,  from  railroad  '69-1125 

TAXES — Road,   assessment   and   collection   of.     See   Assessments — 

Bridges  '44-231,  '46-204,  '53-614,  '59-636,  '71-1308 

Poor  assessments  and  collection  of  '73-'637 

When  Court  may  order  levy  of  '54-825 

TOWN  CLERK— Election  of  '33-77 

TOWNSHIP  AUDITORS— Time  of  meeting  '51-294 

Election   of  '33-77 

TOWNSHIP  COMMISSIONERS— Election  of  '44-230,  453,  '60-553 

TOWNSHIP  ELECTIONS— When  held  '40-754 

TOWNSHIP  TREASURER— Election  of  '46-41 

Appointed  by  Court  '46-277 

UNSEATED  LANDS— Collection  of  road  taxes  on  '44-232,  '71-1308 

To  be  liable  for  poor  taxes.    See  County  Treasurer  '73-637 

WETMORE  TOWNSHIP— Supervisors  to  build  a  certain  road  '59-362 


MERCER  COITNTT. 

Organized  from  part  of  Allegheny  County,  March  12,  1800.     Chapter  2119. 

BEAR  CREEK  TOWNSHIP— Ross  Township  changed  to       '52-496,  '57-52 
BELL  INDEPENDENT  SCHOOL  DISTRICT  authorized  to  borrow 

money  '69-836 

BRIDGE  VIEWERS— Court  to  appoint  three.    See  Roads    '36-245,  '58-65 

Pay  fixed  '71-14 

CATTLE  RUNNING  AT  LARGE— See  Fences  '71-411,  '73-310 

Strays,  to  regulate  the  taking  and  empounding  of  Ch.  4'680 

CONSTABLES  required  to  give  sureties  Ch.  3563 

COOL  SPRING  SCHOOL  DISTRICT— Certain  farms  annexed  to      '61-596 
COOL  SPRING  TOWNSHIP— 

Part  of  Springfield  Township  annexed  to  '42-324 

Separate  election  and  school  district  '51-43 

DELAWARE  TOWNSHIP— Polling  place  fixed  '54-151 


444  APPENDIX. 

Mercer  County — Continued. 

DELINQUENT  TAXES— Penalty  on  '54-600,  '73-174 

DIRECTORS  OF  POOR— Election  of  '50-239 

Authorized  to  sell  Poor  House  farm  and  purchase  another        '52-472 

Powers  and  duties  of  '50-240,  242 

Compensation  of  '50-242,  '60-254,  '65-152,  '68-284,  '71-14 

DOG  TAX  fixed  '62-322,  '63-242,  '72-939,  rep.  '97-235 

DRAINAGE — Wet  and  spouty  lands,  coal  and  ore  mines,  and  stone 

quarries  regulated  '71-987 

EAST  LACKAWANNOCK  SCHOOL  DISTRICT— 

J.  H.  Wright's  land  annexed  to  '67-1220 

ELECTIONS  Act  of  February  27,  '49,  extended  to  '50-218 

Act  of  February  29,  '49,  extended  to  '50-637 
Act  of  March  14,  '50,  repealed  '52-48 
FENCES— To  regulate  '16-'69 

FINDLEY  SCHOOL  DISTRICT— 

A  part  of  Mercer  District  annexed  to  '62-256 

FRUIT— For  the  protection  of  '55-55,  '61-478 

And  ornamental  trees,  protection  of  '67-907 

GARDENS— Protection  of  '55-55,  '61-478 

GREENE  TOWNSHIP— Salem  Township,  erection  of  '44-14 

Line  to  be  the  Erie  extension  canal  '49-509 

Part  of  Salem  Township  attached  to  '50-416 

Payment  of  bounties  Act  of  March  14,  '67,  rep.  '68-827 

HICKORY  TOWNSHIP— Polling  place  fixed  '32-416 

School  Directors  may  tax  railroads,  coal  lands  and  personal 

property  '70-935 

Road  Commissioners,  election  of  Act  of  May  10,  '71,  rep.  '72-733 

Supervisors  authorized  to  levy  per  capita  labor  road  tax        '72-938 

Per  capita  road  tax  and  three-mill  tax  repealed  '74-297 

JEFFERSON  TOWNSHIP— Polling  place  fixed  '51-49,  '52-134 

Volunteer  bounty  tax  validated  '65-530 

LABOR  ROAD  TAX— To  be  worked  before  September  1        '30-25,  '60-38 
LACKAWANNOCK  TOWNSHIP— 

Polling  place  fixed.    See  West  Lackawannock  '34-480 

LAKE  TOWNSHIP— Polling  place  fixed  '51-42 

Separate   school    district  '51-42 

LAND— Drainage  of  '71-987 

LIBERTY  TOWNSHIP— Polling  place  fixed  '51-191 

Farm  of  William  Gill  attached  to  '52-304 


LIST  OF  SPECIAL  ACTS.  445 

Mercer  County — Continued. 

MAHONING  TOWNSHIP  divided  '45-522 

To  elect  four  Supervisors  '34-108 

Part  annexed  to  Neshannock  Township  '43-50 

Polling  place  fixed  '45-522 

MERCER  TOWNSHIP— Polling  place  fixed  '44-19,  44 

MILL  CREEK  TOWNSHIP— Cattle,  etc.  running  at  large  '67-1071 

NESHANNOCK  TOWNSHIP— Part  of  Mahoning  annexed  to  '43-50 

OFFICERS,  PUBLIC— Suits  by  '61-61 

ORCHARDS — Yards  and  Gardens,  trespass  on  how  punished, 

'55-55,  '61-478,  '67-907 

ORNAMENTAL  TREES— Protection  of  '67-907 

OTTER  CREEK  TOWNSHIP— 

School  Directors  authorized  to  levy  tax  for  bounty  purposes  '66-485 
OVERSEERS  OF  POOR— Office  abolished  '50-242 

PATHJVIASTERS— Election  of  '46-420 

To  have  road  work  done  by  August  1st  and  settle  in  month  of 

November  '60-38 

Duties  of  and  penalties  for  refusing  to  serve  '60-38 

POOR  DIRECTORS— Election  of  '50-239 

Powers  and  duties  of  '50-240,  242 

Compensation  of  '50-242,  '60-254,  '71-14 

Authorized  to  sell  poorhouse  farm  and  purchase  another  '52-472 

POOR  HOUSE— To  provide  for  erection  of  '47-469,  '50-239 

Sale  of  farm  '52-472 

PULASKI   TOWNSHIP— Polling  place  fixed  '45-522 

PYMATUNING  TOWNSHIP— Polling  place  fixed  '50-331 

Farms  of  Charles  Koonce  and  Mary  Baggo  annexed  to 

'53-711,  '54-288 

School  Directors  authorized  to  lay  tax  and  build  school  house  '68-1003 

Supervisors  authorized  to  collect  per  capita  tax  '73-182 

ROAD  COMMISSIONERS— Election  and  duties  of  '46-265 

ROAD  TAXES — Apportionment  of  ?46-265 

ROAD  DISTRICTS— Each  to  consist  of  a  sub-school  district  '60-38 

Masters,  duties  and  penalties  for  refusing  to  serve      '46-420,  '60-38 

Tax,  one-half  to  be  worked  out  before  September  1st  '30-25 

Viewers,  appointment,  duties  and  pay  of        '36-245,  '38-651,  '43-177 

To  have  road  work  done  by  August  1st  and  settle  in  November  '60-38 

Viewers,  pay  fixed  '71-14 


446  APPENDIX. 

J 
Mercer  County — Continued. 

ROADS  AND  BRIDGES  Act  of  May  7,  '44,  extended  '45-291 

Repealed  '36-245,  '59-150,  469 

Opening  of  '59-150 

Vote  of  people  on  '47-427 

ROSS  TOWNSHIP— Name  changed  to  Bear  Creek  Township  '52-496,  '57-52 

SALEM  SCHOOL  DISTRICT— 

Farms  of  J.  McKean,  et  al.,  attached  to  for  school  purposes     '67-915 
SALEM  TOWNSHIP— 

Line  of  Green  Township,  to  be  the  Erie  Extension  Canal        '49-509 

ROADMASTER— Repairs  of  roads  '48-422 

Part  attached  to  Green  Township  '50-416 

School  loan  authorized  '68-1129 

SANDY  CREEK  TOWNSHIP— Polling  place  fixed  '53-81 

SANDY  LAKE  TOWNSHIP  SCHOOL  DISTRICT— 

May  send  advanced  scholars  to  Brownsville  School  '67-888 

SCHOOL  DISTRICTS— Each  to  be  a  road  district  '60-38 

Sub-districts  to  elect  sub-committee  '45-529 

SCHOOL  HOUSES— Methods  of  selecting  sites  for  '64-411 

SHEEP— For  the  improvement  of  breed  of  Ch.  3867 

Prohibited  from  running  at  large.     See  Fences         '71-411,  '73-310 

Damages  to  '62-322,  '63-242,  '65-330,  '72-939 

SHENANGO  TOWNSHIP— Polling  place  fixed  '35-357,  '51-41 

Election  of  Supervisors  '44-244,  '48-481 

School  Directors  to  levy  bounty  tax  '66-484 

SLIPPERY  ROCK  TOWNSHIP— Polling  place  fixed  '26-404 

SPRINGFIELD  TOWNSHIP— 

Part  of,  set  oflf  into  Cool  Spring  Township  '42-324 

STATE  ROADS— Townships  to  repair  Ch.  5227 

STRAYS — ^To  regulate  the  taking  and  empounding  of.    See  Fences  Ch.  4630 
SUB-SCHOOL  DISTRICTS  '45-529 

SUPERVISORS  to  work  out  one-half  road  tax  before  September. 

See  Roads  '30-25 

To  apportion  roads  among  sub-school  districts  '46-269 

To  perform  duties  of  Overseers  of  Poor  '50-243 

To  take  charge  of  Butler  and  Mercer  Turnpike  Road  '54-220 

SURVEYORS — Appointment  to  survey  roads,  and  pay  of  '67-270 

SWAMPS — Drainage  of  '71-987 

SWINE — Concerning  raising  of  Ch.  4174 

Prohibited  from  running  at  large.     See  Fences       '71-411,  '73-310 

TAX  COLLECTORS  allowed  expenses  and  legal  fees  for  conveying 

prisoners  to  jail  '69-671 

Penalty  on  delinquent  '54-600 


LIST  OF  SPECIAL  ACTS.  447 

Mercer  County — Continued. 

TAXES — Labor  road  to  be  one-half  worked  out  before  September. 

See  Assessments  '30-25 

To  reduce  the  expense  of  collection  of  '53-5 

Penalty  added  to  delinquent  '54-600,  '73-174 

TOWNSHIPS  to  keep  State  roads  in  repair  Ch.  5227 

TOWNSHIP  AUDITORS — Appeals  from — election  and  duties  '30-26 

TOWN  CLERKS— Court  to  appoint  Ch.  4680 

TREES,  FRUIT  OR  ORNAMENTAL— Protection  of  '55-55,  '67-907 

TRESPASS  ON  GARDENS,  ETC.  '55-55,  '61-478,  '67-907 

UNION  SCHOOL  DISTRICT— Office  of  Commissioner  of,  abolished    '64-'804 

VIEWERS  OF  ROADS— Compensation  of  '36-245,  '38-651 

Court  to  appoint  three,  one  a  surveyor  '36-245 

Duties  defined  '43-177 

Pay  of  surveyors  '67-270 

Roads  and  bridges,  pay  fixed  '71-14 

Bridges,  Court  to  appoint  three  '36-245,  '58-65 

WEST  LACKAWANNOCK  TOWNSHIP— Polling  place  fixed  '52-37 

WEST  SALEM  TOWNSHIP— 

Election  of  additional  Supervisors  authorized  '34-108 

Polling  place  fixed  '40-34 

Damage  for  opening  roads  '48-422 

Act  authorizing  election  of  road  master,  repealed  '48-422 

Election  of  Constable  '45-46 

Levy  of  per  capita  labor  road  tax  '72-930 

WET  LANDS— Drainage  of  '71-987 

WOLF  CREEK  TOWNSHIP— Polling  place  fixed  '51-156 

WORTH  TOWNSHIP— Polling  place  fixed  '52-68 

John  Hamilton's  land  annexed  to,  for  school  purposes  '67-1205 


MIFFLIN  COUNTY. 

Organized  from  parts  of  Cumberland  and  Northumberland  Counties,  Sep- 
tember 19,  1789.     Chapter  1425. 

ARMAGH  TOWNSHIP— Erection  of  Poor  House  '48-347 

Poor  House  Act  of  April  21,  '46,  repealed  '47-467 

Polling  place  fixed  '51-426 

Hunting  deer  with  dogs  prohibited  '52-300 

Supervisors  authorized  to  subscribe  to  certain  stock  '54-254 


448  APPENDIX. 

Mifflin  County — Continued. 

BRATTON  TOWNSHIP— Hunting  deer  with  dogs  prohibited  '52-300 

Preservation  of  game  '59-404 

Railroad  safety  gates  '66-680 

Roads  Act  of  May  1,  '61,  repealed  '67-963.   See  '95-255 

Authorized  to  purchase  turnpike  road  '71-35 

Polling  place  fixed  '72-274 

BRIDGES  Act  of  April  13,  '43,  rep.  '44-86 

BROWN  TOWNSHIP— Erection  of  Poor  House  '47-467,  '48-347 

Polling  place  fixed  '54-354 

Supervisors  authorized  to  subscribe  to  certain  stock  '54-254 

Bounty  tax  authorized  '66-698 

CONSTABLES— Election  of  '27-24 

COUNTY  BRIDGES  not  to  be  built  near  toll  bridges  '50-172 

DERRY  TOWNSHIP— Supervisors'  pay  fixed  '69-1181 

Caie  of  the  Poor  '45-265 

DIRECTORS  OF  POOR— Election,  powers  and  duties  of 

'44-436,  '46-461,  '47-467,  '50-556,  '52-378 

County  Commissioners  to  act  as  '58-85,  '70-98 

DOGS— Hunting  deer  and  elk  with  '48-223,  '66-508 

DOG  TAX  for  school  purposes  '38-412 

FRUIT— Protection  of  '55-169 

GARDENS— Protection  of  '55-169 

GRANVILLE  TOWNSHIP— Polling  place  fixed  '51-594 

Land  of  Joseph  Strode  attached  to  '51-143 

Farm  of  Jacob  Ort  attached  to  '54-417 

Care  of  poor  '45-265 

Additional  Supervisor  authorized  '55-371 

Gates  across  the  public  roads  '61-242,  '67-722 

Land  of  Thomas  McCord  annexed  for  school  purposes  '67-1271 

MENNO  TOWNSHIP— Erection  of  Poor  House  '47-467,  '48-347 

Polling  place  fixed  '50-416 

Bounty  tax  authorized  '65  692 

Cattle  prohibited  from  running  at  large  on  Jack's  Mountain  '67-1128 

OLIVER  TOWNSHIP— Separate  election  district  '49-134 

Repairs  of  roads  by  contract  '49-427 

Boundaries  of  school  district         Act  of  April  3,  '52,  repealed  '54-417 

Public  roads  '57-159,  '59-1044 

Protection  of  game  '57-203 

Polling  place  fixed  '49-560,  '52-709,  '57-535 

Authorized  to  purchase  turnpike  road  '71-35 

ORCHARDS— Protection  of  '55-169 


LIST  OF  SPECIAL  ACTS.  449 

Mifflin  County — Continued. 

OVERSEERS  OF  POOR  abolislied  '44-439 

PAUPERS— Care  and  emplojonent  of  '44-437,  '46-461,  '50-550 

POOR  HOUSE— Erection  of  '44-435,  '46-461,  '47-467,  '50-556 

Farm,  sale  of  '51-122,  '67-685,  '68-745 

Commissioners  authorized  to  sell  part  of  land  and  build        '68-745 
RIVER  SCHOOL  DISTRICT— Erection  of  52-244 

ROADS  Act  of  February  24,  '45,  extended  to  '52-488 

Act  of  April  13,  '43,  repealed  '44-8'6 

Act  of  April  5,  '49,  repealed  '55-293 

SCHOOL  TAX  ON  DOGS  '68-412 

SUPERVISORS— Duties  of,  relative  to  poor  '44-439 

To  collect  certain  fines  '50-560 

TRESPASS  ON  ORCHARDS,  ETC.  '55-169 

UNION  TOWNSHIP— Erection  of  Poor  House  '47-467,  '48-347 

Bounty  tax  authorized  '65-699 

Cattle  prohibited  from  running  at  large  on  Jack's  Mountain  '67-1123 

WAYNE  TOWNSHIP— Elections  regulated  '34-478 

Repairs  of  roads  Act  of  April  5,  '49,  repealed  '50-440 

Polling  place  fixed  '51-43 

Preservation   of  game  '56-404 

Additional    Supervisor   authorized  '59-233 

Repair  of  roads  by  contract  Act  of  April  5,  '49,  rep.  '69-1044 


MONROE  COUNTY. 

Organized  from  parts  of  Northampton  and  Pike  Coimties,  April  1,  1836, 

.  P.  L.  430. 

BARRETT  TOWNSHIP— Protection  of  fish  Act  of  April  17, '69,  rep.  '70-840 
Supervisors'  pay  fixed  '73-633 

BUSHKILL  INDEPENDENT  SCHOOL  DISTRICT  '65-527 

CHESTNUT  HILL  TOWNSHIP— 

Two  additional  Supervisors  authorized  '60-205 

Dog  tax  Act  of  April   14,  '63,  repealed  '66-410 

Protection  of  fish  '61-378,  '66-575 

COLLECTOR  OF  TAXES  '48-445,  '87-170 

COOLBAUGH  TOWNSHIP— Pay  of  Supervisors 

Act  of  May  12,  '71,  repealed  '87-179 

DAMAGES— Road  '50-395,  '59-233 


450  APPENDIX. 

Monroe  County — Continued. 

DOG  TAX  '63-408 

ELDRED  TOWNSHIP— Dog  tax        Act  of  April  14,  '63,  repealed  '65-416 

Payment  of  bounties  Act  of  April  6,  '67,  repealed  '69-185 

ELECTIONS— Compensation  fixed  for  room  rent  '72-1091 

Regulated  '73-1118 

HAMILTON  TOWNSHIP— Two  Supervisors  authorized  '59-141 

Bounty  tax  authorized  '68-233 

Protection  of  sheep  and  taxing  of  dogs 

Act  of  April  2,  '70,  repealed  '74-296 
JACKSON  TOWNSHIP— Separate  election  district  '44-76 

Dog  tax  Act  of  April  14,  '63,  repealed  '66-13 

Protection  of  fish  '66-575 

Bounty  tax  Act  of  April  5,  '70,  repealed  '72-144 

MIDDLE  SMITHFIELD  TOWNSHIP— Opening  of  roads  '52-609 

Polling  place  fixed  '43-49,  '44-19,  '52-449 

Election  of  Supervisors  '44-57'6,  '54-107 

Election  of  Township  Treasurer  '67-813 

Dog  tax  '67-1249 

Protection  of  sheep  and  taxing  of  dogs 

Act  of  May  20,  '57,  repealed  '78-95 

.NTEW  TOWNSHIPS— Collection  of  taxes  in  '48-445 

OVERSEERS  OF  POOR— Pay  fixed  '68-133 

PARADISE  TOWNSHIP— Dog  tax  Act  of  April  14,  '63,  rep.  '66-410 

POCONO   TOWNSHIP— Picking  of  cranberries   regulated  '62-203 

Dog  tax  Act  of  May  20,  '57,  repealed  '67-801 

POLK  TOWNSHIP— Dog  tax       Act  of  April  14,  '63,  rep.  '65-416,  '66-410 

Protection  of  fish  '66-575 

PRICE  TOWNSHIP— Polling  place  fixed  '51-45,  60-120 

Protection  of  fish  Act  of  April  17,  '69,  repealed  '70-840 

ROAD  DAMAGES  '50-395 

ROAD  VIEWS  AND  DAMAGES  '59-233.     See  '99-252 

To  be  paid  by  petitioners  '45-328.     gee  '01-347 

ROOM  RENT— For  elections,  amount  fixed  '72-1091 

ROSS  TOWNSHIP— Polling  place  fixed  '49-559,  '52-233 

Dog  tax  Act  of  April  14,  '63,  repealed  '65-416 

SHEEP— Payment  of  damages  '63-408 

SMITHFIELD   TOWNSHIP— Election   of    Supervisors  '44-54 

Additional    Supervisor   authorized  '69-431 

Cattle,  etc.  running  at  large  '71-205 

Loans  to  pay,  volunteer  bounties  legalized  '71-555 

Overseers  of  Poor  authorized  to  sell  land  '72-769 


LIST  OF  SPECIAL  ACTS.  451 

Konroe  County — Continued. 

STROUD  TOWNSHIP— Erection  of  '52-598 

Additional  Supervisors  authorized  '57-186 

Erection  of  poor  house  '64-713 

Bounty  tax  authorized  '66-672 

Protection  of  fish                      Act  of  March  29,  '67,  repealed  '69-186 

Settlement  of  bounty  accounts  '70-284 

Payment  of  bounties  legalized  '70-733 

SUPERVISORS  to  give  security  for  unseated  land  tax  '39-691 

Pay  fixed  '68-133 

TAXES— Collection  of,  in  new  townships  '48-445 

Collection  of                                    Act  of  May  6,  '67,  repealed  '87-170 

TOBYHANNA  TOWNSHIP— Polling  place  fixed  '49-558 

Additional  Supervisor  '61-71 

Dog  tax                                           Act  of  April  14,  '63,  repealed  '66-410 

Protection  of  fish  '66-575 

TOWNSHIPS— New,  collection  of  taxes  in  '48-445 

Auditors  pay  fixed  '68-133 

TUNKHANNOCK  TOWNSHIP— 

Dog  tax                                           Act  of  April  14,  '63,  repealed  '66-410 

CRANBERRIES                                       Act  of  April  5,  '59,  repealed  '66-426 

PROTECTION  OF  FISH  '67-575 

UNSEATED  LANDS— 

Tax  to  be  paid  to  Supervisors  by  County  Treasurer  '39-691 

Purchasers  of,  at  tax  sales  to  give  bonds  '41-347 

VIEWERS— Road,  payable  by  petitioners  '45-328,  '59-233 


MONTGOMERY  COITNTY. 
Organized  from  part  of  Philadelphia  County,  September  10,  1784,  Ch.  1097. 

ABINGTON  TOWNSHIP— Acceptance  of  common  school  law  '38-594 

Additional  school  tax  '48-2 

Cattle,  etc.,  running  at  large  '67-683,  '69-379 

ASSESSORS  not  required  to  attend  elections.  See  Taxes               '44-220 

Pay  fixed  '64-425 

Mileage  '73-361 

Assessments,  when  to  begin  '73-286 

Not  to  assess  machinery  '73-507 

BRIDGES — By  whom  repaired  '45-184 

29 


452 


APPENDIX. 


jStLontgomery  Coimty — Continued. 

CHELTENHAM  TOWNSHIP — Bristol  Township  line  surveyed         '42-192 
Separate  election  district  '50-414 

Cattle,  etc.,  running  at  large  '63-453 

CONSTABLES— Election  of  '27-24,  '47-72 

Eligible  to  re-election  '32-148 

Duties  of,  relative  to  collection  of  taxes  '60-665,  '68-343,  '72-279 

COUNTY  COMMISSIONERS— Assessments,  list  of,  to  be  furnished  to 

Line  Lexington  Ind.  School  Dist.  '73-535 

Dog  tax  may  be  applied  to  county  purposes  '28-233 

DAMAGES— Road  '63-3 

DIRECTORS  OF  POOR— Election  and  duties  of      Ch.  265'6,  3850,  '24-206 

To  publish  statements  of  accounts  Ch.  3257,  3850 

Powers  and  duties  of  Ch.  3850,  '24-206,  '31-127 

Not  eligible  to  office  of  steward  of  poor  house  '55-176 

Authorized  to  sell  land  '60-371 

Pay  fixed  '64-425 

DISTRAINT  of  goods  for  taxes  '66-226 

DOG  TAX  Act  of  March  23,  '09,  repealed  Ch.  5236 

Applied  to  county  purposes  '28-333 

ELECTIONS  regulated  •  '40-348,  '55-99 

FRANCONIA  TOWNSHIP— Polling  place  fixed  '50-612 

FREDERICK  TOWNSHIP— Bounty  tax  authorized  '66-349 

FRUIT— Protection  of  '55-55,  234 

GARDENS— Protection    of  '55-55 

GOSHENHOPPEN   SCHOOL   DISTRICT— Erected  '51-827 

GWYNEDD  TOWNSHIP— 

To  prevent  cattle,  etc.,  from  running  at  large  '68-707 

HATFIELD  TOWNSHIP— Cattle,  etc.,  running  at  large    '72-295,  '73-132 
Fart  of,  embraced  in  Line  Lexington  Independent  School  Dis- 
trict '73-535 
HORSHAM  TOWNSHIP— Cattle,  etc.,  running  at  large  '70-773 
JUSTICE  OF  THE  PEACE— Duties  of,  relative  to  paupers  '24-206 
LIMERICK  TOWNSHIP— Cattle,  etc.,  running  at  large                      '70-773 
Sale  of  school  house                                                                          '61-219 
LINE  LEXINGTON  Independent  School  District  erected                     '73-535 
LOWER  MERION  TOWNSHIP— 

Preservation  of  birds  and  game.     See  Upper  Merion  '41-43 

Bounty  tax  authorized  '65-103 

Cattle,   etc.,  running  at  large  '68-702 

Roads  and  bridges 

Acts  of  March  2,  '66,  and  April  11,  '67,  repealed  '70-579 
Supervisors  to  keep  a  portion  of  City  Avenue  in  repair  '72-967 


LIST  OF  SPECIAL  ACTS.  453 

Montgomery  County — Continued. 

LOWER  PROVIDENCE  TOWNSHIP— 

Polling  place  fixed  '49-560 

Boiinty  tax  Act  of  March  23,  '65,  repealed  '68-880 

Cattle,  etc.,  running  at  large  '69-379 

LOWER  SALFORD  TOWNSHIP— 

Polling  place  fixed.     See  Upper  Salford  '42-46,  '52-127 

Cattle,  etc.,  running  at  large  '72-295 

MARLBOROUGH  TOWNSHIP— 

Lands  annexed  to  for  school  purposes  '53-470,  '65-534 

Cattle  running  at  large  '72-295 

MONTGOMERY  TOWNSHIP— Cattle,  etc.,  running  at  large  '73-132 

MOORELAND  TOWNSHIP— Cattle,  etc.,  running  at  large  '70-743 

Trustees  of  J.  Morris  authorized  to  sell  school  lot  '73-1109 

NORRITON  TOWNSHIP— Polling  place  fixed  '52-639 

Removal  of  toll  house  '63-232 

Norris  City  Cemetery  Company  authorized  to  remove  dead      '63-471 
Bounty  tax  authorized  '65-715 

Cattle,  etc.,  running  at  large  '73-132 

OLD  GOSHENHOPPEN  SCHOOL  DISTRICT— 

Act  of  April  30,  '50,  repealed  '59-215 

ORCHARDS— Protection  of  '55-55,  234 

OVERSEERS  of  Poor  abolished  Ch.  2656 

PAUPERS— Care  and  employment  of  Ch.  2656 

Commitment  and  discharge  of  '24-206 

PERKIOMEN  Independent  School  District  abolished  '61-517 

PERKIOMEN  TOWNSHIP— Election  of  Supervisors  '33-76 

Polling  place  fixed  '52-39 

Bounty  tax  authorized  '65-277 

Cattle,  etc.,  rimning  at  large  '69-379 

PLYMOUTH  TOWNSHIP— Acceptance  of  common  school  system     '39-602 
Separate  election  district  '44-577 

Supervisors  to  subscribe  for  turnpike  road  stock  '48-116 

Bounty  tax  authorized  '65-211 

Cattle,  etc.,  running  at  large  '69-379 

POLLING  PLACES— When  to  be  open  '40-348 

POOR  DIRECTORS— See  Directors  of  the  Poor. 

POOR  HOUSE— Erection  of  Ch.  2656,  '70-744 

Director  not  eligible  as  steward  '55-176 

POTTSGROVE  TOWNSHIP— Polling  place  fixed  '50-333 

Cattle,  etc.,  running  at  large  '70-773 

ROADS — Opening  of,  publication  of  proceedings  '62-291 

Act  of  March  15,  '59,  repealed  '67-453 


454  APPENDIX. 

Montgomery  County — Continued. 

KOAD  damages  '63-3 

KOAD  VIEWS — County  Commissioners  to  have  notice  of  '71-717 

Viewers,  pay  fixed  '64-428 

To  be  paid  by  petitioners  '45-328,  see  '01-347 

SCHOOL  TAX— Assessment  of  '45-184 

SKIPPACK  TOWNSHIP— Election  of  Supervisors  '33-77 

SPRINGFIELD   TOWNSHIP— Supervisors  authorized  to   subscribe 

for  stock  of  Wissahickon  Turnpike  Company  '52-391 

Water  supply  from  Philadelphia  '73-'636 

STEWARD  OF  POOR  HOUSE— Directors  not  eligible  '55-176 

STRAYS  Ch.  3225 

SUPERVISORS- Duties  in  relation  to  poor  Ch.  2656 

Pay  fixed  '64-425,   '65-513 

TAX  COLLECTORS— 

Appointment  of  '40-651,  Act  of  April  2,  '41,  repealed  '44-411 

Powers  and  duties  of  '47-340,  '50-613 

Act  of  May  5,  '55,  repealed  '56-51 
Constables  made  '60-665,  '68-343,  '72-279 

Tax  duplicates  to  be  returned  to  County  Commissioners'  oflBce  '66-466 

TAXES — Levy,  assessment  and  collection  of.     See  Assessors,   Con- 
stable '64-315 
To  regulate  collection  of                    '45-184,  '66-226,  '68-342,  '71-659, 

'72-279,  '85-204 

County  restricted  '52-113,  '66-488,  '71-979 

TOWAMENSING  TOWNSHIP— Polling  place  fixed  '44-244 

TOWNSHIP  AUDITORS— Election  and  duties  of  '31-339 

Pay  fixed  '64-425 

TRESPASS  on  orchards,  etc.,  '55-55,  234 

UPPER  DUBLIN  TOWNSHIP— Collection  of  school  tax  '47-476 

Education  of  poor  '48-2 

Polling  place  fixed  '50-111 

Cattle,  etc.,  running  at  large  '69-379 

UPPER  HANOVER  TOWNSHIP— 

Supervisors  to  subscribe  for  turnpike  road  stock  '48-625 

Polling  place  fixed  '51-156,  425 

Collection  of  taxes  '52-113 

Cattle,  etc.,  running  at  large  '72-295 


LIST  OF  SPECIAL  ACTS. 


455 


Montgomery  County — Continued. 

UPPER  MERION  TOWNSHIP— Preservation  of  birds  and  game. 
See  Lower  Merion 

Polling  place  fixed 

IJounty  tax  authorized 

Cattle,  etc.,  running  at  large 
UPPER  SALFORD  TOWNSHIP— 

Separate  election  district     See  Lower  Salford 

Cattle,  etc.,  running  at  large 
VIEWERS— See  Road  Views. 
WHITE  MARSH  TOWNSHIP— 

Supervisors  to  subscribe  for  turnpike  road  stock 

Polling  place  fixed  '52-334, 

Cattle,  etc.,  running  at  large 
WHITPAIN  TOWNSHIP— Loan  authorized 

Horses,  sheep  and  swine  running  at  large  '68-707, 


'41-43 
'51-425 
'65-754 
'68-702 

'49-545 
'72-295 


'48-118 
'53-466 
'69-379 
'54-443 
'73-459 


MONTOUR  COUNTY. 


Organized  from  part  of  Columbia  County,  May  3,  1850,  P.  L.  658. 


ANTHONY  TOWNSHIP— Polling  place  fixed  '51-726,  '52-233 

COOPER  TOWNSHIP— Overseers  of  Poor  authorized  to  sell  land      '66-338 
DERRY  TOWNSHIP— Polling  place  fixed  '51-726 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '54-654,  '67-r68 

DOG  TAX  '64-77 

LIBERTY  TOWNSHIP— Polling  place  changed 

Act  of  March  22,  '59,  repealed  '60-260 

LIMESTONE  TOWNSHIP— Polling  place  fixed  '53-24 

School  Directors  authorized  to  collect  additional  tax  '72-525 

MAHONING  TOWNSHIP— Polling  place  fixed  '51-149 

Orders  for  relief  of  poor  '69-1042 

Erection  of  poor  house  '54-654,  '70-1190 

To  have  one  Director  of  the  Poor  '73-743 

MAYBERRY  TOWNSHIP— Polling  place  fixed  '53-59 

POOR  DIRECTORS— See  Directors  of  Poor. 

POOR  HOUSE— Erection  of  '54-654,  '70-1190 

Act  of  April  11,  '66,  repealed  '67-168 
VALLEY  TOWNSHIP— Erection  of  poor  house  '67-900 


456  APPENDIX. 

NORTHAMPTON  COUNTY. 

Organized  from  part  of  Bucks  County,  March  11,  1752,  Ch.  393. 

ALLEN  TOWNSHIP— Bounty  tax  authorized  '63-392 

BANKS  TOWNSHIP— ^Separate  election  district  '42-45 

BETHLEHEM  TOWNSHIP— Preservation  of  birds  '41-43 

Cattle,  etc.,  running  at  large  '64-885 

Additional  road  tax  '66-709 

Boundaries  defined  Ch.  3671 
Election  of  Supervisor  and  Treasurer 

Act  of  February  7,  '65,  repealed  '66-199 

Bounty  tax  authorized  '63-392,  '66-641 

Pay  of  Supervisors  and  other  officers  increased  '67-713 
Damage  to  public  roads  by  railroads 

Act  of  April  11,  '66,  repealed  '67-255 

BUSHKILL  TOWNSHIP— Title  of  land  vested  in  School  Directors  '48-496 

Polling  place  fixed  '54-246 

Payment  of  certain  bounty  claims  authorized  '65-215 

CENTREVILLE  INDEPENDENT  SCHOOL  DISTRICT— 

Land  of  Joseph  Houck  annexed  to  '67-1276 

DIRECTORS  OF  POOR— Election  and  duties  of  '37-46 

May  administer  oaths  and  sell  land  '40-730 

Pay  fixed  '59-137,  '68-560 

To  receive  and  sell  property  belonging  to  paupers  '71-1151 

DOGS— Registration  of  '54-286 

EAST  ALLEN  TOWNSHIP— Bounty  tax  authorized  '63-392 

Cattle,  etc.,  running  at  large  '67-940 

ELECTION  OFFICERS- Pay  fixed  '69-982,  '77-79 

ELECTIONS— Regulated  '56-708 

FORKS  TOWNSHIP— Bounty  tax  authorized  '63-166 

Accounts,  settlement  of  '67-156 

Cattle,  etc.,  running  at  large  '71-1022 

FRUIT— Protection  of  '53-387 

GARDENS— Protection  of  '53-387 

HANOVER  TOWNSHIP— Bounty  tax  authorized  '65-101 

Cattle,  etc.,  running  at  large  '66-703 

LEHIGH  TOWNSHIP— Bounty  tax  authorized    '63-392,  '64-1025,  '66-710 


LIST  OF  SPECIAL  ACTS.  457 

Northampton  County — Continued. 

LOWER  MT.  BETHEL  TOWNSHIP— Roads  and  bridges. 

See  Upper  Mt.  Bethel  Act  of  April  3,  '46,  repealed  '47-271 

Polling  place  fixed  '59-479 

Bounty  tax  authorized  '63-392,  '68-811 

LOWER  NAZARETH  TOWNSHIP— 

Bounty  tax  authorized.     See  Upper  Nazareth  '63-16'6,  '66-641 

Cattle,  etc.,  running  at  large  '67-940,  '68-702 

LOWER  SAUCON  TOWNSHIP— Election  of  Supervisors  '32-14 

Preservation  of  birds  '41-43 

Collection  of  road  tax  '61-617 

Bounty  tax  authorized  '63-166 

Additional  road  tax  authorized  '71-844 

MOORE  TOWNSHIP— Bounty  tax  authorized  '63-392 

MT.  PLEASANT  Sub-School  District 

Act  of  April  9,  '49,  repealed  '50-100 

ORCHARDS— Protection  of  '53-387 

OVERSEERS  OF  POOR  abolished  '37-50 

PALMER  TOWNSHIP— 

Bounty  tax  authorized  '63-166,  '64-769,  816,  1032,  '66-640 

Damages  to  roads  by  railroads  Act  of  April  11,  '66,  repealed  '67-255 
Cattle,  etc.,  running  at  large  '71-1022 

Paupers — Care  and  employment  of  '37-46,  '68-1031 

How  committed  '45-77,  78 

Orders  for  relief  of  '50-122 

Directors  of  the  Poor  may  sell  property  of  '71-1151 

PLAINFIELD  TOWNSHIP— Polling  place  fixed  '42-326,  478 

Bounty  tax  authorized  '63-166,  '66-641 

POOR— Care  and  employment  of  '37-46,  '45-77,  78,  '50-122 

POOR  DIRECTORS— See  Directors  of  the  Poor. 

POOR  HOUSE— Erection  of  '37-46,  '45-77,  78 

PRIVATE  ROADS— Opening  of  '71-972 

REGISTRATION  OF  DOGS  '54-236 

ROADS — Private,  opening  of  '71-972 

ROAD  DAMAGES— Relative  to  '46-226 

To  be  paid  by  boroughs  and  townships  '58-464 

ROAD  LAWS  Act  of  April  3,  '46,  repealed  '48-463 

ROAD  VIEWERS — ^Selection  of  '46-226,  '58-464 

Pay  fixed  '70-1112 

SAUCON  TOWNSHIP— Bounty  tax  authorized.  See  Lower  Saucon  '64-1025 
Cattle,  etc.,  running  at  large  '67-940 

STRAYS — Empounding  and  sale  of  Ch.  2805 


458  APPENDIX. 

Northampton  County — Continued. 

SURVEYORS — Pay  for  road  work  increased  '70-1012 

TAX  COLLECTORS— Appointment  of  '42-197 

TOWN  CLERK— Election  of  Ch.  2865 

TOWNSHIPS  to  take  care  of  vagrants  '68-1031 

To  pay  road  damages  '58-464 

TRESPASSING  on  orchards,  etc.  '53-378 
ACTS  of  April  11,  1795,  February  16,  1801,  April  6,  1802,  repealed 

Ch.  2611,  3866. 
UPPER  MOUNT  BETHEL  TOWNSHIP— Elections  regulated 

See  Lower  Mount  Bethel  '53-91 

Polling  place  fixed  '52-38,  '89-479 

Bounty  tax  authorized  '63-355 
Supervisors  and  roads 

Acts  of  April  26,  '70,  and  February  21,  '72,  repealed  '78-55 
UPPER  NAZARETH  TOWNSHIP— Bounty  tax  authorized 

See  Lower  Nazareth  '63-392 

Cattle,  etc.,  running  at  large  '68-702 

Supervisors  may  levy  tax  on  county  property  '71-970 
Vagrants  to  be  taken  care  of  by  boroughs  and  townships        '68-1031 

VIEWERS— Pay  increased  '70-1112 

Road,  duties  of  '46-22'6,  '58-464 

WILLIAMS  TOWNSHIP— Polling  place  fixed  '42-478 

Election  of  Supervisors  '46-95 

Bounty  tax  authorized  '63-166,  '66-fi41 


NORTHUMBERLAND  COUNTY. 

Organized  from  parts  of  Lancaster,  Cumberland,  Berks,  Bedford  and  North- 
ampton Counties,  March  27,  1772,  Ch.  644. 

AUGUSTA  TOWNSHIP— Acceptance  of  school  law                              '38-594 

Election  of  Supervisors  '43-286 

BRIDGE  VIEWERS— Appointment  of  '49-90,  '51-871 

CAMERON  TOWNSHIP— Polling  place  fixed  '51-41,  '53-118 

CHILLISQUAQUE  TOWNSHIP— Sale  of  school  houses  '53-376 

A  certain  ditch  authorized  '54-803 

Polling  place  fixed  '43-53,  '61-574 

Cattle,  etc.,  running  at  large  '65-628,  '66-1114,  '68-301 


LIST  OF  SPECIAL  ACTS.  459 

Northumberland  County — Continued. 

COAL  TOWNSHIP— Polling  place  fixed  '51-160 

Separate  election  and  school  district  '40-347,  '51-444 

Erection  of  lock-up  '53-517 

Erection  of  poor  house  '63-492 

CONSTABLES— Election  of  '27-24 

Official  term  of  '63-1 

COUNTY  COMMISSIONERS— To  construct  certain  bridges  '73-204,  369,  595 

DELAWARE  TOWNSHIP— Separate  election  district  '44-76 

Sale  of  school  houses  '52-603 

Polling  place  fixed  '54-803 

DIRECTORS  OF  THE  POOR— Powers  and  duties  of  '49-348 

DRAIN  in  Chillisquaque  Township  '54-803 

FENCES  Act  of  March  27,  1784,  repealed,  Ch.  2109 

FRUIT— Protection  of  '55-234,  '61-63 

GARDENS— Protection  of  '55-234,  '61-63 

HOGS  Act  of  March  27,  1784,  repealed,  Ch.  2109 

JACKSON  TOWNSHIP— Polling  place  fixed  '53-58 

Election  of  Supervisors  '46-422 

JORDAN  TOWNSHIP— Acceptance  of  school  system  '43-390 

Polling  place   fixed  '53-58 

Bounty  tax  authorized  '68-869 

JUSTICE  OF  THE  PEACE— County  divided  into  sub-districts        Ch.  3868 

LEWIS  TOWNSHIP— Separate  election  district  '44-76 

Sale  of  school  house  '53-376 

LITTLE  MAHANOY  TOWNSHIP— Bounty  tax  authorized  '66-672 

LOWER  AUGUSTA  TOWNSHIP— Bounty  tax  authorized  '65-286 

Payment  of  bounty  debts  '73-262 

LOWER  MAHANOY  TOWNSHIP— Polling  place  fixed  '42-49,  55 

Bounty  tax  authorized  '65-283,  236 

Foot  bridge  over  Mahontango  Creek  '72-734,  '73-470 

MOUNT  CARMEL  TOWNSHIP— 

Return  of  unseated  lands  for  poor  taxes  '66-794 

Election  of  Supervisors  '66-838 

Surplus  bounty  funds  '67-1035 

Repairing  roads  Act  of  March  21,  '61,  repealed  '68-181 

Erection  of  poor  house  '70-519,  '71-940 

Erection  of  lock-up  '73-581 

ORCHARDS— Protection  of  '55-234,  '61-63 

OVERSEERS  of  the  Poor  to  give  official  bond  '59-665 

Official  term  of  '63-1 

POOR  HOUSE— Erection  of  '49-343 


460  APPENDIX. 

Northumberland  County — Continued. 
ROAD  DAMAGES— 

Act  of  March  7,  '59,  repealed  '61-446 

Appeal  from  report  of  viewers  '73-288 

ROAD  TAXES— Collection  of.     See  Supervisors  '44-110 

Half  to  be  worked  out  before  September  1st  '30-25 

ROAD— Views  '49-90,  '60-604,  '61-446 

Petitioners  or  County  Commissioners  may  appeal  from  '73-28S 

ROAD  VIEWERS— Appointment  of  '21-871 

By  whom  paid  '62-23 

RUSH  TOWNSHIP— Bounty  tax  authorized  '66-736 

SHAMOKIN  TOWNSHIP— 

Line  of  Catawissa  Township,  Columbia  County,  surveyed        '30-341 

Acceptance  of  school  tax  '38-594 

Election  of  Supervisors  '48-57 

Two  Supervisors  authorized  '53-167 

Bounty  tax  authorized  '65-679 

Loan  authorized  '70-1307 

SHEEP— To  improve  the  breed  of  Ch.  2534,  3779 
SUPERVISORS  to  expend  one-half  of  road  tax  before  September  1st, 

See  Roads  '30-25 

Penalty  for  neglecting  to  repair  roads  '37-353 

To  appoint  tax  collectors  '44-110 

To  give  official  bond  '59-665 

Term   of  '63-1 

Pay  fixed  '67-471 

SWINE                                               Act  of  March  27,  1784,  repealed  Ch.  2109 

TOWNSHIP  AUDITORS— Election,  duties  and  pay  of  '30-26,  '67-471 

TOWNSHIPS  not  to  subscribe  to  capital  stock  '54-123 

TOWNSHIP  TREASURERS— Election  of  '44-110 

TRESPASS— Acts  of  April  11,  1795,  February  16,  1801,  and  April  6, 

1802,  repealed,  Ch.  2611,  3866. 

On  orchards,  gardens,  etc.  '55-234,  '61-63 

TURBUT  TOWNSHIP— Election  of  Supervisors  '40-69 

Separate  election  district  '44-76 

Sale  of  school  houses  '53-376 

Bounty  tax  authorized  '65-286,  '70-1135 

Additional  tax  authorized  '70-1135 

To  prevent  cattle,  etc.,  from  running  at  large  '70-1137 


LIST  OF  SPECIAL  ACTS.  46 1 

Northumberland  County — Continued. 

VIEWERS— 

Road  and  bridge,  appointment  of      '49-90,  '51-871,  '60-604,  '61-446 
When  petitioners  to  pay  '62-23 

Petitioners  or  County  Commissioners  may  appeal  from  awards 

of  '73-288 

WASHINGTON  TOWNSHIP— Bounty  tax  authorized  '65-283 

Sale  of  certain  school  property  '72-38'6 

ZERBE  TOWNSHIP— Repairing  roads  by  contract  '61-274,  461 

Collection  of  school  taxes  '72-421 

School  loan  authorized  '73-703 


ONTAHIO  COUNTY. 

Erected  from  parts  of  Lycoming  and  Luzerne  Counties,  February  21,  1810. 
Name  changed  to  Bradford.     Chap.  3513. 


PERRY   COUNTY. 

Organized  from  part  of  Cumberland  County,  March  22,  1820,  Ch.  4853. 

BRIDGES,  County,  not  to  be  built  near  toll  bridges  '50-172 

Act  of  March  25,  '68,  repealed  '79-170 

Viewing  and  erection  of  '68-469,  '72-335 

CATTLE  trespassing  Ch.  5039,  repealed  '97-235 

CENTRE  TOWNSHIP— Duty  of  Supervisors  '51-162,  '53-397 

Bounty  tax  '66-404,  '68-133 

COUNTY  COMMISSIONERS— 

To  complete  a  certain  road  '44-315,  '45-22 

To  re-let  certain  bridges  '46-289 

To  reconstruct  certain  bridges  '46-289 

To  aid  in  making  mountain  roads  '64-14,  '66-793,  '73-843 

COUNTY  BRIDGES—  '46-289,  '50-172,  '72-335,  '79-170 

DAMAGES— Road  '55-215,  341,  '59-508 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '24-205 

To  sell  certain  land  '27-160,  '39-457,  '40-731 

May  bind  out  apprentices  '41-33 

Authorized  to  administer   oaths  '41-33 

DOGS  taxed  and  declared  personal  property  '73-648,  652 

Hunting  deer  with  prohibited  '54-413,  '69-202 


462  APPENDIX. 

Perry  County — Continued. 

ELECTION  DISTRICTS  '44-79 

ELECTIONS  regulated  '51-158 

FENCES— Legal  requirements  Ch.  5039,  repealed  '97-235 

GREENWOOD  TOWNSHIP— Preservation  of  game  '56-404 

Boundaries  extended  '49-116 

Polling  place  fixed  '44-243,  '58-88 

Bounty  tax  and  accounts  '65-625,  '66-818,  '71-1223 

HOWE  TOWNSHIP— 

Coimty  aid  for  a  certain  road  '65-437,  '69-467,  '73-843 

JACKSON  TOWNSHIP— County  aid  for  a  certain  road  '45-22 

Polling  place  fixed  '45-48 

County  bridge  over  Houston's  Run  '68-819 

Road  tax  '73-397 

Bounty  tax  authorized  '66-314 

JUNIATA  TOWNSHIP— Preservation  of  game  '67-404 

Boundaries  diminished  '49-116 

Polling  place  fixed  '49-143,  '59-69 

Settlement  of  bounty  accounts  '70-104 

LIVERPOOL  TOWNSHIP— Polling  place  fixed  '50-127,  '57-35 

MADISON  TOWNSHIP— Elections  regulated  '58-46 

Bounty  tax  authorized  '66-865 

Division  of  and  election  of  officers  '67-216 

County  appropriation  for  a  mountain  road  '66-793 

Six  mills  road  tax  authorized  in  Sandy  Hill  District  '71-1270 

School  Directors  authorized  to  sell  '71-1283 

MILLER  TOWNSHIP— Erection  of  '52-128 

Road  Supervisors  Act  of  April  27,  '52,  repealed  '53-451 

Polling  place  fixed  '52-128,  '60-243 

Roads  Act  of  March  11,  '51,  repealed  '61-220 

MOUNTAIN  ROADS— County  to  aid  in  making        '64-14,  '66-793,  '73-843 

OLIVER  TOWNSHIP— Repairing  roads  by  contract  '51-162,  '53-397 

Roads  and  Supervisors  Act  of  April  27,  '52,  repealed  '53-451 

Settlement  of  boimty  accounts  '68-674,  '69-489 

PAUPERS— Care  and  employment  of  '24-205 

PENN  TOWNSHIP— 

Licenses  Act  of  March  27,  '66,  repealed  '67-97,  '71-780 

Sale  of  liquor  prohibited  '67-1283 

L.  Wister's  Island  annexed  to  '68-413 

POOR  HOUSE— Erection  of  Ch.  5060,  '24-205 

Loan  authorized  '71-186,  '72-217 


LIST  OF  SPECIAL  ACTS.  463 

Perry  County — Continued. 

ROAD  VIEWS— Expenses  of  to  be  paid  by  applicant  '69-918 

ROAD  VIEWERS— Appointment  of  '46-363 

ROADS  AND  BRIDGES— 

See  Supervisors  Act  of  April  13,  '43,  repealed  '68-4G9 

RYE  TOWNSHIP— Election  of  Constable  '25-66,  '30-77 

Additional  road  tax  authorized  '71-804 

SANDY  HILL  TOWNSHIP— Road  tax  '71-1270 

6AVILLE  TOWNSHIP— Opening  of  a  certain  road  '31-455 

Polling  place  fixed  '49-143,  '50-414,  '60-239 

Maximum  road  tax  fixed  at  six  mills  '73-746 

SPRING  TOWNSHIP— Polling  place  fixed  '49-60,  '60-240 

Supervisors'  and  Auditors'  pay  fixed 

Act  of  April  2,  '68,  repealed  '81-15 

STRAYS— See  Cattle. 

SUPERVISORS— Pay  fixed.    See  Roads  '69-933 

To  give  bond  '59-317 

TOBOYNE  TOWNSHIP — School  directors  authorized  to  sell  land      '33-245 
Polling  place  fixed  '45-48 

Acceptance  of  school  law  '38-594 

Licenses,  to  regulate  the  granting  of  '50-678 

Width  of  roads  fixed  '46-363 

Repairing  roads  by  contract  '61-228 

County  appropriation  for  a  certain  mountain  road  '66-738 

Special  road  law  repealed  '64-353 

TUSCARORA  TOWNSHIP— Settlement  of  bounty  accounts  '70-104 

TYRONE  TOWNSHIP— 

Constable  not  to  serve  writs  beyond  township  lines  '41-70 

Henry  Valley  annexed  to  '42-50 

Separate  school  district  '50-345,  '51-161 

Taxation  of  county  property  '62-277 

WATTS  TOWNSHIP— Polling  place  fixed  '50-88,  '51-470 

Repair  of  a  certain  road  '62-370 

WHEATFIELD  TOWNSHIP— Polling  place  fixed  '42-46 

Roads  Act  of  April  12,  '51,  repealed  '52-210 

Bounty  tax  Act  of  April  12,  '67,  repealed  '69-576 


464  APPENDIX. 

PHILADELPHIA  COUNTY. 

One  of  the  original  counties  organized  in  1682. 

BLOCKLEY  TOWNSHIP— 

Baptist  parsonage  exempted  from  taxation  '71-1486 

Consolidated  with  Philadelphia  City  '54-25 

Crossing,  railroads  to  grade  '52-715 

Dog  tax,  overseers  of  poor  to  collect  '28-333 

Draft  and  survey  of  '37-302 

Grades  of  streets  '60-312 

Lehman  street  vacated  '50-441 
Marion  Avenue,  opening  of                               '50-401,  '51-878,  '53-669 

Meeting  house  lane  vacated  '54-594 

Overseers  to  levy  poor  tax  '45-132 

To  collect  dog  tax  '28-333 

Poor  tax,  levy  of  '45-132 

Rabbit  Lane  vacated  '54-594 

Railroads  to  grade  crossings  '52-715 
Road  Commissioners,  appointment  and  duties  of  '28-430,  '32-150, 

'50-400. 

Road  Commissioners  to  lay  out  a  certain  road  '53-344 
Roads  not  to  be  laid  through  lands  of  Guardians  of  the  Poor  '50-217 

School  Directors,  election  of  '40-80,  '45-133 

Streets,  laying  out  and  opening  of  '37-302,  '51-303 

Supervisors — Election  of  '32-150 
SSurvey  of                                                             '37-302,  '57-489,  '61-430 

BRISTOL  TOWNSHIP— Care  and  employment  of  poor  '23-115,  '29-47 

Election  of  School  Directors  '40-80 

Dog  tax  applied  to  poor  fund  '29-47 

Consolidated  with  Philadelphia  '54-25 

BYBERRY  TOWNSHIP— Dog  tax  to  go  to  poor  fund  '26-132 

Election  of  School  Directors  '40-80 

Removal  of  paupers  '27-436 

Sale  of  school  house  '51-212 

Act  to  unite  with  Moreland  for  poor  purposes  repealed  '71-1249 

Consolidated  with  Philadelphia  '54-25 

DELAWARE  TOWNSHIP— 

Polling  place  fixed  '52-533 

Election  of  officers  '53-38 

Consolidated  with  Philadelphia  '54-25 


LIST  OF  SPECIAL  ACTS.  465 

Philadelphia  Cotinty — Continued. 

GERJMANTOWN  TOWNSHIP— Collection  of  poor  taxes  '73-272 

Consolidated  with  Philadelphia  City  '54-25 

Election  of  Managers  of  the  Poor  '61-590 

KINGSESSING  TOWNSHIP— Dog  tax  '25-226 

Election  of  Constables  '29-90 
Survey  and  draft  of                                          '37-302,  '53-247,  '57-376 

Election  of  School  Directors  '40-80,  '50-154,  '53-740 

Consolidated  with  Philadelphia  City  '54-25 

Railroad  companies  to  grade  crossings  '52-715 

Election  of  officers  '52-64 

Survey   confirmed  '57-376 

LOWER  DUBLIN  TOWNSHIP— 

Duties  of  Justice  of  the  Peace  in  relation  to  paupers  Ch.  4180 

Election  of  Constable  Ch.  4632 

Election  of  Directors  of  the  Poor  Ch.  2852,  '27-435 

Care  of  the  poor  '28-250 

Election   of   School  Directors  '40-80 

Polling  place  fixed  '52-532 

Erection  of  poor  house  Ch.  2852,  '68-800 

Consolidated  with  Philadelphia  City  '54-25 

Dog  tax  to  be  paid  to  poor  treasurer  '24-234 

Directors  of  the  Poor  authorized  to  sell  land  '32-457 

Poor  tax  a  lien  on  real  estate  '71-1249 

Poor  loan  authorized  '67-100,  '69-550 

Registration  of  '59-226 

NORTH  PENN  DISTRICT— Boundaries  defined  '47-114 

Election  of  Commissioners  '51-88 

Polling  place  fixed  '48-353 

Sidewalks  '52-96,  '53-293 

NORTH  PENN  TOWNSHIP— Polling  place  fixed  '44-77 

Election  of  Assessors  '50-647 

Certain  streets  vacated  '50-457 

Road  tax  on  cemeteries  '50-738 

Pay  of  Supervisors  fixed  '51-727 

OXFORD  TOWNSHIP— Dog  tax  payable  to  poor  fund                       '24-234 

Election  of  Directors  of  the  Poor  Ch.  2852,  '27-435 

Election  of  School  Directors  '40-80 

Duties  of  Justice  of  the  Peace  in  relation  to  paupers  Ch.  4180 

Care  and  employment  of  the  poor  '28-250 

Consolidated  with  Philadelphia  City  '54-25 

Election  of  officers  '46-23 


466  APPENDIX. 

Philadelphia  County — Continued. 

Erection  of  poor  house  Ch.  2852,  '69-800 

Directors  of  the  Poor  authorized  to  sell  land  '32-457 

Loan  authorized  '69-500 
Loan  for  poor  purposes                                                   '67-100,  '69-550 

Poor  tax  a  lien  on  real  estate  '71-1249 

Registration  of  '59-22'6 

PASSYUNK  TOWNSHIP— Arsenal  ceded  to  United  States  '23-137,  '41-115 

Boundaries  changed  '48-340 

Consolidated  with  Philadelphia  City  '54-25 

Constables,  election  of  Ch.  4550 

Controllers,  election  of  '52-339 

Directors  of  Girard  School,  election  of  '32-421 

Title  vested  in  directors  '45-241 

Dog  tax  payable  to  poor  fund  Ch.  3'695 

Oflficers,  election  of  '45-142 

Plan  of  '53-573 

Poor  fund,  dog  tax  payable  to  Ch.  3695 

Roads,  opening  of  '32-27 

School  Directors,  appointment  of  Ch.  4969 
Election  of                                                                            Ch.  4080,  '43-78 

Street  Commissioners,  powers  and  pay  of  '50-292 

Street,  certain,  opened  '37-127 

Streets,   opening  of  '32-27 
Streets,  survey  of                                                          '37-9,  298,  '50-292 

Supervisors  to  give  bonds  '44-410 

Supervisors,  duties  of  '32-29 

Survey  of  '53-573 
United  States,  arsenal  ceded  to                                      '23-187,  '41-115 

PENN  TOWNSHIP— Act  of  incorporation  '43-344 

Broad  street,  improvement  of  '53-442 

Commissioners  of  roads,  election  of  '32-149 

Consolidated  with  Philadelphia  City  '54-25 

Election  district,  new  '42-451 

Guardians  of  the  Poor  may  borrow  money  '32-57 

Authorized  to  sell  land  '49-146 

Incorporation  of  '43-344 

Nuisances  '53-373 

Officers,  election  of  '41-246 

Pipes,  laying  of  Ch.  3654 

Polling  place  fixed  '42-45 

Roads,  Commissioners  of,  election  and  duties  of  '32-149 


LIST  OF  SPECIAL  ACTS.  4^7 

Philadelphia  County — Continued. 

Roads,  Superintendent  of,  appointment  of                                   '37-354 

School  Directors,  election  of  '40-80,  '53-671 

Sidewalks  '53-373 

Street  improvement  tax  '41-247,  '43-346 

Streets,  lanes  and  alleys,  regulation  of  Ch.  5093,  '41-141 

Superintendents  of  roads,  appointment  of  '37-354 

Supervisors,  duties  of  '41-247 

Survey  and  draft  of  '38-48,  '43-344 

Surveyor,  duties  of  '53-^729 

Surveyor  authorized  to  change  grades  '50-292 

Tax  for  street  improvement  '41-247,  '43-346 

Timber  Lane  vacated  '53-575,  '54-652 

1  timer's  Lane  vacated  '53-624,  '54-652 


PIKE  COIXNTY. 

Erected  March  26,  1814,  out  of  part  of  Wayne  County.     Ch.  3923. 

BLOOMING  GROVE  TOWNSHIP— Polling  place  fixed  '51-49 

Additional  Supervisor  authorized  '57-186 

BUSHKILL  INDEPENDENT  SCHOOL  DISTRICT— Erection  of        '65-527 

DELAWARE  TOWNSHIP— Duties  of  Supervisors  '50-385 

Four  Supervisors  authorized  '51-84 

Dog  tax  '63-75 

Bounty  tax  authorized  '65-693 

DINGMAN  TOWNSHIP— Four  Supervisors  authorized  '52-328 

ELECTION— Time  fixed  '44-80 

GREENE  TOWNSHIP— Polling  place  fixed  '54-107 

LACKAWAXEN  TOWNSHIP— Polling  place  fixed  '49-115,  555 

Five  Supervisors  authorized  '67-1050 

LEHMAN  TOWNSHIP— Duties  of  Supervisors  '50-385 

Additional  Supervisor  authorized  '57-186 

MILFORD  TOWNSHIP— 

Horses,  cattle,  sheep  and  swine  prohibited  from  running  at 

large  '73-733 

Water  supply  Ch.  4227,  '39-658 

Act  to  open  a  certain  road  repealed  '74-421 

PLANK  ROADS— Repairs  of  '58-357 

PORTER  TOWNSHIP— Opening  of  roads  '52-609 

ROAD  VIEWS  AND  DAMAGES  '63-337,  see  '01-390 

30 


468  APPENDIX. 

Pike  County — Continued. 

ROADS— Opening  and  maintaining.     See  Plank  Roads  '46-231,  '60-610 

SCHOOL  DIRECTORS  may  condemn  lands  '61-361 

SEATED  LANDS— Treasurers'  sales  of  '70-137,  '71-412,  see  June  3,  '93-289 

SHOHOLA  TOWNSHIP— Polling  place  fixed  '53-10 

TOWNSHIP  ACCOUNTS— Settlement  of  '53-170 

TREASURERS'  sales  of  seated  lands  '70-137,  '71-412 
UNSEATED  LANDS — Owners  of,  may  appeal  from  assessments         '72-65 

Purchasers  of,  to  give  bonds  '41-347 

UPPER  SMITHFIELD  TOWNSHIP— Election  of  Constable           Ch.  4811 

VIEWS— Road  '63-337 

WESTFALL  TOWNSHIP— Polling  place  fixed  '49-557 


POTTER  COUNTY. 

Organized  from  part  of  Lycoming  County,  March  26,  1804,  Ch.  246'6. 

ABBOTT  TOWNSHIP— Polling  place  fixed  '52-529 

Tax  duplicates  '66-264 

ALLEGHENY  TOWNSHIP— Polling  place  fixed  '48-366,  '57-22 

Ten  mills  additional  road  tax  authorized  '58-139 

The  return  of  certain  unseated  lands  '70-1207 

To  prevent  domestic  animals  from  running  at  large  '78-99 

BINGHAM  TOWNSHIP— Ten  mills  additional  tax  authorized  '59-237 

Additional  road  tax  '51-237 

To  prevent  domestic  animals  from  running  at  large  '78-99 

BRIDGES— Repairs  of  '44-136,  200 

CATTLE— Prohibited  from  running  at  large.    See  Strays  '78-99 

CLARA  TOWNSHIP— Separate  election  district  '42-44,  '47-425 

Additional  road  tax  authorized  '62-257 

CONSTABLES— Election  of  '32-416 

May  be  appointed  tax  collector  '66-176 

Duties  in  relation  to  unworked  road  tax  '73-481 

DOG  TAX  for  damages  to  sheep  '65-468 

For  school  purposes  '71-651,  '73-459 

EAST  FORK  ROAD  DISTRICT.— Erection  of  '69-706 

EULALIA  TOWNSHIP— Polling  place  fixed  '50-88 

Separate  road  district  '69-706 

Ten  mills  road  tax  authorized  '73-692 

FRUIT— Protection   of  '58-111 

GENESSEE  TOWNSHIP— A  separate  election  district  '42-44 


LIST  OF  SPECIAL  ACTS.  469 

Potter  Coiinty — Continued. 

Ten  mills  additional  road  tax  authorized  '66-709 

Return  of  unseated  land  '72-664 

To  prevent  domestic  animals  running  at  large  '78-99 

HARRISON  TOWNSHIP— Ten  mills  road  tax  authorized  '60-296 

To  prevent  domestic  animals  running  at  large  '78-99 

HEBRON  TOWNSHIP— Ten  mills  road  tax  authorized  '60-296 

Polling  place  fixed  '45-154,  521 

HECTOR  TOWNSHIP— Ten  mills  additional  road  tax  authorized    '66-709 

HORNER  TOWNSHIP— Ten  mills  additional  road  tax  authorized    '61-232 

Polling  place  fixed  '43-52,  '48-478,  '54-170 

JACKSON  TOWNSHIP— iSeparate  election  district  '57-'616 

Supervisors  to  levy  additional  tax  '72-592 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

KEATING  TOWNSHIP— Return  of  unseated  lands  '70-473 

OFFICERS,  Public— Accountability  of  '60-584 

ORCHARDS— Protection  of  '58-111 

OSWAYO  TOWNSHIP— Additional  road  tax  authorized  '69-454 

OVERSEERS  OF  THE  POOR— Pay  fixed  '66-709 

Election   of  '82-416 

PATHMASTERS— Appointment  and  duties  of  '44-200,  '73-481 

PIKE  TOWNSHIP— Polling  place  fixed  '51-49,  '52-590 

Ten  mills  road  tax  authorized  '66-709 

Overseers  may  contract  for  support  of  the  poor  '70-701 

Return  of  certain  unseated  lands  authorized  '70-864,  '71-677 

PLEASANT  VALLEY  TOWNSHIP— 

Ten  mill  road  tax  authorized  '67-439 

Polling  place  fixed  '48-366 

POOR  TAXES— Assessment  of.     See  Overseers  '69-204 

On  unseated  lands,  collection  of  '47-253,  '69-204,  '70-259 

PORTAGE  TOWNSHIP— A  separate  election  district  '42-467 

Boundaries  of,  enlarged  '71-1002 

PUBLIC  OFFICERS— Accountability  of  '60-584 

ROAD   COMMISSIONERS   to   act   as   Overseers   of  the   Poor.     See 

Supervisors. 
PATHMASTERS  '44-200 

Election,  powers  and  duties  of  '44-200,  '46-199,  '73-591 

ROAD  FUNDS— Disbursement  of  '61-497 

ROAD  TAX— 

Assessment  and  collection  of  '44-200,  '46-199,  '54-650,  '55-240 

On  unseated  lands  '44-200,  '59-636,  '73-481,  591 

Rate  of,  limited  '54-'650 


470  APPENDIX. 

Potter  County — Continued. 

One  day's  work  a  minimum  '67-665 

Unworked,  to  be  collected  by  Constable  '73-481 

ROAD  VIEWERS— Duties  of  '55-240 

Pay  fixed  at  $1.50  per  day  '69-649 

ROADS — Opening     and     repairing     of.     See     Pathmasters — Super- 
visors '24-101,  '46-199,  '55-240 
ROULETTE  TOWNSHIP— Polling  place  fixed  '51-191 
SCHOOL  DIRECTORS  may  condemn  land  '62-48 
To  receive  dog  tax                                                             '71-651,  '73-459 
SCHOOL  DISTRICTS— Appropriations  to                                 '47-375,  '53-204 
SCHOOL  TAXES— Collection  of                                                                '53-246 
Rate   limited                                                                                       '54-650 
SEATED  LANDS— Sale  of,  for  taxes                                                         '69-340 
SHARON  TOWNSHIP— Separate  election  district                                '42-44 
Ten  mill  road  tax  authorized                                                          '58-139 
Polling  place  fixed                                                            '49-558,  '69-638 
Special  road  tax  authorized                                                            '65-379 
SHEEP — Damages  paid  by  dog  tax                                                          '65-468 
STEWARDSON  TOWNSHIP— Separate  election  district                    '44-242 
Polling  place  fixed                                                  '46-420,  '49-144,  '63-4 
STRAYS — See  Cattle.                                Act  concerning  extended  to  '47-164 
SUMMIT  TOWNSHIP— Polling  place  fixed                                             '54-193 
SUPERVISORS  to  give  official  bonds.     See  Road  Commissioners,  Ch.  4619 
Ten  mill  tax  authorized                                                                Ch.  4873 
Pay  fixed  at  $1.50  per  day                                                               '66-709 
Election  and  duties  of         '32-416,  '33-77,  '34-413,  '55-240,   '73-481 
SURVEYORS  OF  ROADS— Pay  fixed  at  $3.00  per  day                      '69-'649 
KWEDEN  TOWNSHIP— Separate   election   district                             '42-325 
Polling  place  fixed                                                                               '53-24 
Additional  road  tax  authorized                                                    '73-338 
To  prevent  domestic  animals  from  running  at  large                    '78-99 
SWINE — Prohibited  from  running  at  large.     See  Strays                    '53-550 
SYLVANIA  TOWNSHIP— Ten  mills  additional  road  tax  authorized  '61-232 
Part  annexed  to  Portage  Township                                               '71-1002 
TAX  on  unseated  land,  collection  of                                                         '47-253 
Collection  of        '44-200,  '46-199,  '52-588,  '53-246,     '54-650,  '55-240 

'66-176,  '69-340,  '73-481. 
Road  and  school,  rate  limited  '54-650 

Sales  '62-317,  '67-214,  '69-340,  '70-282 

School,  collection  of  '53-246 

Duplicates,  when  to  be  returned  '67-634 


LIST  OF  SPECIAL  ACTS.  47  ^ 

Potter  Comity — Continued. 

Poor,  assessment  of  '69-204 

Unworked  road,  to  be  collected  by  Constable  '73-481 

TOWN  CLERK— Election  and  duties  of  '33-77,  '47-1G4 

TOWNSHIP  AUDITORS— Election  of  '33-77 

Pay  fixed  '66-709 

Time  of  meeting  '58-205 

TOWNSHIP  TAXES — Assessment  and  Collection  of. 

See  Road  Tax,  School  Tax  '46-199,  '52-588,  622 

TOWNiSHIP  TREASURER— Election  of  '46-41 

TREASURER'S   sales   of  unseated  lands. 

See  County  Treasurer  '67-214,  '69-340,  '70-282 

TRESPASS  on  orchards,  etc.  '58-111 

ULYSSES  TOWNSHIP— Polling  place  fixed  '44-242,  '52-532 

Ten  mill  additional  road  tax  authorized  '61-232 

Boimty  tax  authorized  '65-578,  '67-454 

To  prevent  domestic  animals  running  at  large  '78-99 

UNSEATED  LANDS— Collection  of  taxes  on  '47-253,  '70-259 

Road  tax  on  '44-200,  '59-636,  '73-481,  591 

Bought  by  county,  redemption  of  '62-317 

Poor  taxes  on  '47-253,  '69-204,  '70-259 

(Sale  and  redemption  of  '62-317,  '67-214,  '69-340,  '70-282 

Return  of,  nunc  pro  tunc  '63-531,  '65-598,  '69-336 

Collection  of  poor  taxes  on  '70-259 

Return  of  '47-253,  '70-282 

VIEWERS  OF  ROADS— Duties  of  '55-240 

Pay  fixed  '69-649 

WEST  BRANCH  TOWNSHIP— Polling  place  fixed  '45-24,  '59-16 

Ten  mill  road  tax  authorized  '67-439 

WHARTON  TOWNSHIP— Return  of  unseated  lands— nunc  pro  tune  '63-231 
Ten  mill  additional  road  tax  authorized       '28-438.  '47-137.  '66-709 


472  APPENDIX. 


SCHUYLKILL   COUNTY. 

Organized  from  parts  of  Berks  and  Northampton  Counties,  March  11,  1811. 

Chap.  3309. 

ALLISON  SCHOOL  DISTRICT— Erection  of  '50-135,  '51-558 

APPEALS  from  assessments  '52-459,  '71-665 

ASSESSMENTS  Act  of  April  26,  '50,  repealed  '52-459,  '71-665 

ASSESSORS— Pay  fixed  Act  of  March  16,  '65,  repealed  '78-35 

BARRY  TOWNSHIP— Accountability  of  public  officers  '64-494 

Collection  of  road  tax.        Act  of  February  17,  '59,  repealed  '76-209 

BLYTHE  TOWNSHIP— Orders  in  favor  of  Supervisors  '48-337 

Act  for  regulation  of  Supervisors  repealed  '52-48 

Supervisors  to  give  official  bond  '53-20 

Two  Supervisors  authorized  '58-231 

Repairing  roads  by  contract  '60-4 

Polling  place  fixed  '52-37,  '60-108 

Duties  of  Supervisors  '63-478,  '67-449 

BRANCH  TOWNSHIP— Mortgage  of  Minersville  school  house  '41-89 

Separate  school  district  '42-331 

Separate  election  district  '42-334 

Warrants  in  favor  of  Supervisors  '48-337 

Election  and  duties  of  Supervisors  '50-592 

Township  officers  not  to  be  interested  in  contracts  '51-473 

Repairing  roads  by  contract  '68-415 

Return  of  certain  unseated  lands  '69-532 

BRIDGES— When  townships  to  repair  '60-105,  '61-163 

BRUSH  VALLEY  TOWNSHIP— Additional  Supervisors  authorized  '60-55 

BUTLER  TOWNSHIP— 

Election  and  duties  of  Supervisors      '50-260,  '56-35,  '59-146,  '63-478 

Repair  of  roads  '66-17,  '71-166 

By  lowest  bidder  '60-4,  '70-1129 

Election  of  officers  '72-98 

CASS  TOWNSHIP— 

Election  and  duties  of  Supervisors    '50-592,  '56-334,  '63-478,  '68-271 
Township  officers  not  to  be  interested  in  contracts  '51-473 

Delaware  Coal  Company's  tax  '55-251 

Repairing  roads  by  contract  '60-4 

Collection  of  taxes  '68-818 

Duties  and  pay  of  Supervisors  '68-271 


LIST  OF  SPECIAL  ACTS.  473 

Schuylkill  County — Continued. 

CENTRE  SCHOOL  DISTRICT,  established  '49-529 

COLEDALE  SCHOOL  DISTRICT  erected  '52-304 

COUNTY  BRIDGES— When  townships  to  repair  '60-105 

When  County  to  repair  '60-105,  '61-163 

DIRECTORS  OF  THE  POOR— Loan  authorized  '31-424 

Election,  powers  and  duties  of  '31-423,  '61-49 

Purchase  of  poor  house  site  validated  '32-292 

To  fix  certain  salaries  '59-71 

Appointment  of  steward  and  physician  '64-77 

Compensation  of  '64-285,  '65-382 

Authorized  to  sell  land  '65-274 

Act  of  March  16,  '65,  repealed  '78-35 

DOGS— Registration  of  '54-286 

Taxation  of  '34-91 
EAST  BRUNSWICK  TOWNSHIP— 

Boundaries  of  school  district  '38-623,  '45-126,  '46-45,  '49-530 

Polling  place  fixed  '61-140 

Accountability  of  public  officers  '62-351 

Bounty  tax  authorized  '65-188,  '66-935 

EAST  NORWEGIAN  TOWNSHIP— Erection  of  '47-256 

Boundaries  of  school  district  '51-139 

Act  to  regulate  repealed  '52-48 

Repairing  roads  by  contract  '60-4 

Boundaries  extended  '60-531 

Polling  place  fixed  '62-34 

Pay  and  duties  of  Supervisors  '63-478,  '68-271 

EAST  PINE  GROVE  TOWNSHIP— Bounty  tax  authorized  '65-593 

EAST  PINE  GROVE  SCHOOL  DISTRICT— Erection  of                        '52-43 

ELDRED  TOWNSHIP— Polling  place  fixed  '50-69,  '51-40,  191 

Public  officers  Act  of  February  17,  '59,  repealed  '67-1152 

Election  and  duties  of  Supervisors  '70-997 

Collection  of  taxes                        Act  of  May  26,  '71,  repealed  '87-177 

ELECTION  OFFICERS— Pay  of  '67-1083,  '68-176 

ELECTIONS                                              Act  of  April  8,  '57,  repealed  '59-211 

FARMER'S  SCHOOL  DISTRICT  erected  '52-48 

FINES — ^Appropriated  to  school  treasurer  '50-627 

FOSTER  TOWNSHIP— Repairing  roads  by  contract  '60-4 

Duties  of  Supervisors  '63-478,  '69-418 

Return  of  unseated  lands,  nunc  pro  tunc  '71-1297 


474 


APPENDIX. 


Schuylkill  County — Continued. 
FRAILEY  TOWNSHIP— 

Election  and  duties  of  Supervisors  '52-218,  '53-777 

Pay  fixed                                        Act  of  April  1,  '53,  repealed  '89-145 

FRUIT— Protection  of  '61-478 

GARDENS— Protection  of  '61-478 

HEGINS  TOWNSHIP— Polling  place  fixed  '58-18 

Boundaries  of  school  district  enlarged  '63-401 

HUBLEY  TOWNSHIP— Accountability  of  public  officers  '62-351 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868,  '32-511 

To  pay  certain  fines  to  school  fund  '50-627 

LOWER  MAHANTANGO  TOWNSHIP— 

A  separate  school  district                                '40-604,  '46-327,  '47-127 

LOWHILL  TOWNSHIP— Polling  place  fixed  '50-10 

MAHANOY  TOWNSHIP— Polling  place  fixed  '51-43 

Duties  and  pay  of  Supervisors  '61-503,  '63-478,  '72-651 

Return  of  school  taxes  on  unseated  lands  '66-1028 

Repair  of  roads,  -bridges  and  culverts  '72-651,  '73-448 

Roads  Act  of  January  19,  '60,  repealed  '73-448 

Election  of  tovraship  officers  '73-742 

MANHEIM  TOWNSHIP— Polling  place  fixed.     See  North  Manheim. 

South  Manheim  '49-55'6 

Hill  street,  part  vacated  '54-410 

McKEANSBURG  SCHOOL  DISTRICT  erected  '50-701 

NEW  CASTLE   TOWNSHIP— Separate  election  district  '43-50 

Act  for  regulation  of,  repealed  '52-48 

Repair  of  roads  and  bridges                    '58-6,  '60-4,  '70-758,  '71-583 

Duties  of  Supervisors  '51-84,  '63-478 

Boundaries  reduced  '60-531 

Collection  of  taxes  '69-207 

NORTH  MANHEIM  TOWNSHIP— Polling  place  fixed  '50-69,  85 

Part  of  Hill  street  vacated  '54-410 

Bounty  tax  authorized  '66-133 

NORTH  SCHOOL  DISTRICT  erected  '50-180 

NORTH  UNION  TOWNSHIP— Supervisors  to  collect  road  taxes     '73-627 

Auditors  authorized  to  levy  a  tax  '69-885 

NORWEGIAN  TOWNSHIP— 

Election  of  Constables.     See  East  Norwegian  '31-468 

Delaware  Coal  Company  to  build  school  houses  '42-483 

Boundaries  diminished  '61-499 

Duties  and  election  of  Supervisors  '48-354,  '63-478 

Warrants  in  favor  of  Supervisors  '48-337 


LIST  OF  SPECIAL  ACTS.  475 

Schuylkill  County — Continued. 

Division  of  Delaware  Coal  Company's  school  tax  '55-251 

Repair  of  roads  by   contract  '60-4 

Repair  of  roads — pay  of  Supervisors  '67-449 

ORCHARDS,  protection  of  '61-478 

OVERSEERS  OF  THE  POOR  abolished  '31-427 

PAUPERS— Care  and  employment  of  '31-422 

Fees  for  committing  '36-21,  '46-370 

One  justice  may  commit  '50-122 

PINE  GROVE  TOWNSHIP— A  separate  school  district 

See  East  Pine  Grove  '38-624,  '40-84 

Election  of  Constables  '26-60 

POOR  DIRECTORS— See  Directors  of  the  Poor. 

POOR  FUNDS— To  be  received  and  disbursed  by  County  Treasurer  '50-572 
POOR  HOUSE— Erection  of  '31-422,  '32-292 

Act  of  January  25,  '46,  repealed  '48-507 
Exempt  from  taxation  '49-599 

Appointment  of  steward  and  physician  '64-77 

PORTER  TOWNSHIP— 

Polling  place  Act  of  February  9,  '58,  repealed  '59-80 

ijchool  loan  authorized  '71-994 

RAHN  TOWNSHIP— But  one  Supervisor  authorized  '62-7 

REGISTRATION  of  dogs  '54-286 

REILLY  TOWNSHIP— Repairing  roads  by  contract  '60-4 

Duty  of  Supervisors  '63-478 

ROAD  CONTRACTORS— Relief  of  '68-493 

ROAD  TAXES— Collection  of  '44-110,  '59-51 

One  half  to  be  worked  before  September  1  '30-27 

ROAD  VIEWERS— To  give  notice  to  township  officers  '67-148 

Duties  of  '61-163 

ROADS— Repairs  of.     See  Supervisors  '55-437,  '60-105,  '61-658 

RUSH  TOWNSHIP— Polling  place  fixed  '42-465,  '51-40,  '53-447 

Repairs  of  roads  Act  of  January  19,  '60,  repealed  '61-17 

Duties  of  Supervisors  '63-478 

Lehigh  and  Mahanoy  Railroad  required  to  fence  '64-409 

Fishing  without  consent  of  owners  prohibited  '69-804 

Collection  of  road  taxes  '71-1268 

Office  of  town  treasurer  abolished  '71-1268 

RYAN  TOWNSHIP— Fishing  without  consent  of  owners  prohibited  '69-804 

Return  of  certain  imseated  lands  '70-107 

SCHOOL  TREASURERS  to  give  bonds  '59-51 

Certain  fines  payable  to  '50-627 

To  pay  teachers  for  attending  institutes  '72-428 


4/6  APPENDIX. 

Schuylkill  County — Continued. 

SCHUYLKILL  SCHOOL  DISTRICT— Act  repealed  '51-G09 

SCHUYLKILL  TOWNSHIP— Warrants  in  favor  of  Supervisors        '48-337 
Supervisors  to   give   bonds  '53-25'6 

Repairs  of  roads  '60-4,  '63-26 

Accountability  of  public  oflScers  '63-536 

Bounty  tax  authorized  .  '66-935 

SOUTH  MANHEIM  TOWNSHIP— 

Accountability  of  public  officers  '63-67 

STEPHEN  SCHOOL  DISTRICT  '51-600,  '70-348 

STRAYS  Act  of  April  13,  '07,  and  March  5,  '19,  repealed  '32-12 

STRONGSBURG  and  North  Pine  Grove  School  District  '40-85 

SUMMIT  SCHOOL  DISTRICT  erected  '46-365 

SUPERVISORS  to  act  as  Overseers  of  the  Poor.     See  Roads  '31-427 

To  appoint  Tax  Collectors  '44-110 

Repair  of  roads  by  contract  '55-437 

To  give  bonds  '59-51 

Compensation  of  Act  of  March  16,  '65,  repealed  '78-35 

Pay  fixed  '48-337,  '59-649,  '65-382 

TAX  COLLECTORS— Official  bonds  of  '59-51 

Appointment  of  '44-110 

TA:\,  road,  collection  of  '44-110 

TOWNSHIP  AUDITORS— Pay  fixed  '65-382 

TOWNSHIP  LINES,  alteration  of,  to  be  recorded  '59-460 

TOWNSHIP  OFFICERS  to  give  official  bonds  '59-51 

TOWNSHIP  TREASURERS— Election  of  '44-110 

To  give  official  bonds  and  collect  road  taxes  '59-51 

TOWNSHIPS— See  Bridges 

TREMONT  TOWNSHIP— 

Election  and  duties  of  Supervisors  '51-88,  '52-218,  '53-777 

School  loan  authorized,  and  Directors  authorized  to  sell  land  '54-123 
Election  of  Treasurer  '56-224 

Pay  of  Supervisors  fixed  '59-649 

Erection  of  lock-up  '62-202 

Polling  place  fixed  '64-888 

Roads  Act  of  April  1,  '52,  repealed  '76-208 

TRESPASS  on  orchards,  gardens,  etc.  '61-478 

On  railroad  cars  '73-181 

UNION   SCHOOL  DISTRICT  erected  '52-460 


LIST  OF  SPECIAL  ACTS.  477 

Schuylkill  County — Continued. 

LNION  TOWNSHIP— Polling  place  fixed  '50-26 

Township  Treasurer  abolished  '73-627 

Supervisors  to  collect  road  taxes  '73-627 

Auditors  authorized  to  levy  a  tax  '69-885 

UNSEATED  LAND  TAX,  return  of,  nunc  pro  tunc  '71-1297 

UPPEK  MAHANTANGO  TOWNSHIP— Polling  place  fixed  '47-428,  '61-709 

VIEWERS,  road  and  bridge,  pay  of  '60-105 

To  give  notice  to  township  officers  '67-148 

Duties  of  '61-163 

WASHINGTON  TO\VNSHIP— 

Repair  of  roads                      Act  of  February  20,  '61,  repealed  '62-166 

Return  of  certain  unseated  lands  '69-532 

Settlement  of  bounty  accounts  '69-312,  732 

WAYNE  TOWNSHIP— Accountability  of  public  officers  '63-536 

Election  of  officers  '68-188 
Collection  of  taxes       Act  of  April  13,  '69,  repealed  '87-115,  '89-177 

WEST  BRUNSWICK  TOWNSHIP— Polling  place  fixed  '54-173,  357 

Public  officers                       Act  of  February  17,  '59,  repealed  '66-628 

WEST  PENN  TOWNSHIP— Polling  place  fixed  '51-558 

Part  annexed  to  Tamaqua  Borough  '60-525 

Accountability  of  public  officers  '62-44 

Bounty  tax  authorized  '65-188 

WEST  PINE  GROVE  SCHOOL  DISTRICT  erected  '50-187 


SNYDER  COUNTY. 

Organized  from  part  of  Union  County,  March  2,  1855.     P.  L.  537. 

BEAVER  TOWNSHIP— Bounty  tax  authorized  '69-797,  '70-1285 

CENTRE  TOWNSHIP— School  district  enlarged  '65-122,  repealed  '93-40 

Bounty  tax  authorized  '68-209 
CHAPMAN  TOWNSHIP— 

To  prevent  spread  of  Canada  thistles,  etc.  '72-286 

DAMAGES— Road  '59-283 

DOGS— Stray  dogs  may  be  shot  '69-1149 

DRAINAGE  of  swampy  lands  '63-293 
EVENDALE  INDEPENDENT  SCHOOL  DISTRICT— 

Election  of  Assessors  '72-273 

INDEPENDENT  SCHOOL  DISTRICT  erected  '70-255 


478  APPENDIX. 

Snyder  Coimty — Continued. 

JA.CKSON  TOWNSHIP— School  district  enlarged  '64-383 

Land  of  R.  P.  Cornelius  annexed  to  Union  County  '67-1084 

Surplus  bounty  funds  to  be  paid  to  schools  '68-478 

Felling  place  fixed  '60-97,  '69-304 

LAND— Drainage  of  '63-293 

MIDDLE  CREEK  TOWNSHIP— Bounty  tax  authorized  '67-1007 

MONROE  TOWNSHIP— Bounty  tax  authorized  '66-409 

Protection  of  partridges  and  pheasants  '65-432 

PENN  TOWNSHIP— Bounty  tax  authorized  '66-833 

Protection  of  partridges  and  pheasants  '65-432 
PERRY  TOWNSHIP— Polling  place  changed.     See  West  Perry     '61-707 

ROADS — Assessment  of  damages  '59-283 

SWAMPS— Drainage  of  '63-293 

UNION  INDEPENDENT  SCHOOL  DISTRICT  erected  '61-525 

UNION  TOWNSHIP— Supervisors  to  erect  a  certain  bridge  '72-108 

To  prevent  the  spread  of  Canada  thistles,  etc.  '72-286 

VIEWERS  of  drains,  duties  of  '63-293 

WASHINGTON  TOWNSHIP— Bounty  tax  '65-354,  '69-696 

To  prevent  spread  of  Canada  thistles  '72-286 
WEST  PERRY  TOWNSHIP— Independent  school  district  erected     '70-255 

WET  LANDS— Drainage  of  '63-293 


SOMERSET  COUNTY. 

Organized  from  part  of  Bedford  County,  April  17,  1795.     Ch.  1840. 

ADDISON  TOWNSHIP— Dog  tax  '53-206 

Three  Supervisors  authorized  '73-338 

Surplus  bounty  fund  appropriated  to  schools  '66-552 

ALLEGHENY  TOWNSHIP— Additional  Supervisor  '72-729 

APPEALS  from  assessments  '62-301,  '71-665 

ASSESSORS'  pay  fixed  at  $1.50  per  day  '69-119 

BRIDGE  VIEWERS  '59-134 

BRIDGES — Building  and  maintenance  of  '42-462 

BROTHER'S  VALLEY  TOWNSHIP— Election  of  Supervisors  '41-68 

CONSTABLES— Election  of  '27-24 

Eligibility  to  re-election  '39-98 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '45-466,  '49-45 

Pay  of  '68-228 

DRAINAGE  of  lands  and  mines  '68-438 


LIST  OF  SPECIAL  ACTS.  479 

Somerset  Coimty — Continued. 

ELECTIONS  Act  of  May  6,  '54,  repealed  '58-316 

Regulated  '60-171 

FRUIT— Protection  of  '53-387 

JEFFERSON  TOWNSHIP— Erection  of  new  township  '60-110 

Fishing  and  hiinting  regulated  '67-689 

JENNER  TOWNSHIP— Polling  place  fixed  '58-316,  '59-122 

Number  of  Supervisors  '59-642,  '71-802 

LAND — Drainage  of  '68-438 

LARIMER  TOWNSHIP— Polling  place  fixed  '54-16 

MIDDLE  CREEK  TOWNSHIP— Polling  place  fixed  '53-59 

MILFORD  TOWNSHIP— Polling  place  fixed  '44-577 

Election  of  Supervisors  '52-115 

Sale  of  school  house  '54-579 

Erection  of  new  township  '60-110 

NEW  CENTREVILLE  SCHOOL  DISTRICT  enlarged  '66-634 

NEW  TOWNSHIP— Erection  of  '60-110 

NORTHAMPTON  TOWNSHIP— Polling  place  fixed  '52-201,  '53-59 

ORCHARDS— Protection  of  '53-387 

PAINT  RIDGE  Independent  School  District  erected  '69-1399 

PAINT  TOWNSHIP— Additional  Supervisor  authorized  '69-298 
PAUPERS— Care  of                                                                '45-468,  469,  '49-45 

May  be  committed  by  one  Justice  of  the  Peace  '50-122 
POOR  HOUSE— Erection  of                                               '45-465,  '46-5,  '49-45 

QUEMAHONING  TOWNSHIP— Polling  place  fixed  '42-323 

ROAD  AND  BRIDGE  VIEWERS— One  to  be  a  Surveyor  '59-134 

ROADS — Opening  and  maintaining  of  '35-101,  '42-462 

SHADE  TOWNSHIP— Polling  place  fixed  '42-322,  '44-574 

SOMERSET  TOWNSHIP— Additional  Supervisor  authorized  '51-51 

Erection  of  new  township  '60-110 

STATE  ROAD— Location  changed  '36-715 

SUMMIT  TOWNSHIP— Polling  place  fixed  '42-50 

SUPERVISORS— Pay  fixed  at  $1.50  per  day  '69-119 

(SURVEYORS — Appointment  of  as  road  and  bridge  viewers  '59-134 

TRESPASS  on  orchards,  etc.  '53-387 

UPPER  TURKEY  FOOT  TOWNSHIP— Polling  place  fixed  '53-59 

VIEWERS — Road  and  bridge,  one  to  be  a  surveyor  '59-134 

WET  LANDS— Drainage  of  '68-438 


480  APPENDIX. 

SULLIVAN  COUNTY. 
Organized  from  part  of  Lycoming  County,  March  15,  1847.    P.  L.  462. 

CHERRY  TOWNSHIP— Polling  place  fixed  '52-410 

Bradford  County  road  laws  extended  to  '66-637 

Road  Commissioners,  powers  and  duties  of  '67-170,  '89-138 

Taxes  on  unseated  lands  '67-960 

To  prevent  domestic  animals  from  running  at  large  '71-1119 

COLLEY  TOWNSHIP— Polling  place  fixed  '50-111 

Unseated  school  tax  for  the  support  of  the  poor  '68-937 

Accounts  to  be  settled  on  first  Monday  in  April  '73-663 

DAVIDSON  TOWNSHIP— Boundaries  extended  '62-258 

Elections  regulated  '63-472 

Poor  tax  on  unseated  lands  '73-240 

Boundaries  enlarged  '62-258 

ELKLAND  TOWNSHIP— Deer  hunting  '50-1056 

Bradford  County  road  law  extended  to  '66-637 

Road  Commissioners,  powers  and  duties  of  '67-170,  '89-138 

Poor  tax  on  unseated  lands  '73-240 

FORKS  TOWNSHIP— Deer  hunting  '50-1058 

Polling  place  fixed  '60-44 

Bradford  County  road  laws  extended  to  '66-637 

Road  Commissioners,  powers  and  duties  of  '67-170,  '89-138 

To  prevent  cattle,  etc.,  from  running  at  large  '70-5'64 

Poor  taxes  on  unseated  lands  '73-240 

FOX  TOWNSHIP— Bradford  County  road  laws  extended  to  '66-637 

Road  Commissioners,  powers  and  duties  of  '67-170,  '89-138 

Polling  place  fixed  '69-131 

Poor  tax  on  unseated  lands  '70-707 

HILLSGROVE  TOWNSHIP— Accounts  of  Overseers  legalized  '66-188 

Name  of  Plunkett's  Creek  Township  changed  to  '56-346 

Bradford  County  road  laws  extended  to  '66-637 

Road  Commissioners,  powers  and  duties  of  '67-170,  '89-138 

Time  for  Auditors  to  meet  '67-230 

Taxes  on  unseated  lands  '68-704 

Thirty  mill  road  tax  authorized  '69-1167 

Poor  taxes  on  imseated  lands  '73-240 

LAPORTE  TOWNSHIP— Polling  place  fixed  '51-425 

Elections  regulated  '63-244 


LIST  OF  SPECIAL  ACTS.  48 1 

Sullivan  Coiinty — Continued. 

NORTH  MOUNTAIN  Independent  School  District  erected  '64-619 

Unseated  land  tax  '69-1197 

TATHMASTERS'  ACCOUNTS,   settlement  of  '69-1170 

PLUNKETT  CREEK  TOWNSHIP— Polling  place  fixed  '47-428,  '54-247,  348 

Deer  hunting  '50-1056 

Name  changed  '56-346 

ROADS — Opening  of  Act  of  February  14,  '67,  repealed  '89-138 

SHREWSBURY  TOWNSHIP— Polling  place  fixed  '47-428 

Deer  hunting  '5O-105'6 

TOWNSHIP  ACCOUNTS— Settlement   of  '69-1170 

TOWNSHIP  TREASURER  to  receive  road  tax  '52-411 

UNSEATED  LANDS  Act  of  April  19,  '54,  repealed  '55-263 

Return  and  sale  of  '67-124.  '70-282 


SUSQUEHANNA  COUNTY. 

Organized  from  part  of  Luzerne  County,  February  21,  1810.     Ch.  3337. 

APALACHIAN  TOWNSHIP— Lenox  road  law  extended  to  '49-646 

Election  of  School  Directors  '72-91 

Road  laws  amended  '72-1079,  repealed  '95-242 

APOLOROUS  TOWNSHIP— Election  of  School  Directors  '71-1351 

ARARAT  TOWNSHIP— Polling  place  fixed  '52-46 

ASSESSORS  need  not  attend  elections  '44-220 

Pay  fixed  at  $2.00  per  day  '70-285 

AUBURN  TOWNSHIP— 

Roads  and  Supervisors  Act  of  March  4,  '50,  repealed  '89-177 

Lenox  law  extended  to  '50-122,  '61-386 

Protection  of  pickerel  '66-336 

Bounty  tax  authorized  '65-287,  '66-521 

Erection  of  '70-393 

Loan  authorized  for  poor  house  '71-1089 

BRAINTRIM  INDEPENDENT  SCHOOL  DISTRICT  erected  '69-233 

BRIDGES  Extending  the  Act  of  April  13,  '43,  '99-47 

BRIDGE  VIEWERS— Pay  fixed  '69-835 

Appointment  of  '46-261 

BRIDGE  WATER  TOWNSHIP— Election  of  Constable  Ch.  4811 

Lenox  Road  Law  extended  to  '49-646 

Polling  place  fixed  '54-356 

Erection  of  podr  house  Act  of  April  4,  '64,  repealed  '91-113 


482  APPENDIX. 

Susquehanna  County — Continued. 

BROOKLYN  TOWNSHIP— Lenox  road  law  repealed  '58-43 

Protection  of  pickerel  '66-336 

Bounty  tax  authorized  '67-836 

Maintenance  of  roads  and  bridges  '71-917 

Collection  of  road  tax  '72-787 

CATTLE  running  at  large  to  be  treated  as  strays.     See  Fences  '63-501 

CHOCONUT  TOWNSHIP— Election  of  Constable  '34-131 

Pathmasters  '46-137,  '47-200,  '51-88 

Polling  place  fixed  '52-410 

Lenox  Road  Law  extended  to  '69-211,  repealed  May  26,  '93,  156,  333 

CLIFFORD  TOWNSHIP— Polling  place  fixed  '56-19 

Lenox  road  law  '48-249,  '66-214 

Bounty  tax  authorized  '66-791 

Repairs  of  roads  Act  of  April  9,  '69,  repealed  '89-83 

CONSTABLES— Election  of  '27-24 

Eligibility  to  re-election  '30-117 

DIMOCK  TOWNSHIP— Lenox  Road  Law  repealed  '57-139 

Fishing  prohibited  in  Lathrop's  Lake         '64-132,  '69-1106,  '70-421 

Lenox  Road  Law  extended  to  '71-973 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '59-58 

DOG  TAX  '62-322,  '65-128,  330,  '72-68 

ELECTIONS— Time  of  holding.    See  Assessors— Constables  '39-598 

FENCES  to  woodland  used  as  pasture  '71-1231 

FOREST  LAKE  TOWNSHIP— Election  of  Overseers  '44-18 

Cattle,  etc.,  prohibited  from  running  at  large  '67-997,  '68-627 

FRANKLIN  TOWNSHIP— School  Trustees  authorized  to  sell  land  '43-37'6 

Polling  place  fixed  '42-50,  329,  '50-10,  '51-40 

Roads  Act  of  February  14,  '63,  repealed  '66-466 

Election  of  School  Directors  '71-1351 

GIBSON  TOWNSHIP— Lenox  Road  Law  repealed  '55-43 

Polling  place  fixed  '58-184 

Bounty  tax  authorized  '65-576 

GREAT  BEND  TOWNSHIP— Polling  place  fixed  '54-151 

Election  of  Supervisors  and  Overseers  '38-596 

Pay  and  duties  of  pathmaster  '59-130 

Bounty  tax  authorized  '65-354 

Lenox  Road  Law  repealed  '91-171 


LIST  OF  SPECIAL  ACTS.  483 

Susquehanna  County — Continued. 

HARFORD  TOWNSHIP— Lenox  Road  Law  repealed  '64-176 

Election  of  Overseers  of  the  Poor  '64-486 

Special  tax  '67-200 

Repairing  roads  Act  of  April  3,  '72,  repealed  '73-772 

HARMONY  TOWNSHIP— Time  of  holding  elections  '31-34 

HERRICK  TOWNSHIP— Settlement  of  bounty  accounts  '69-1040 

Lenox  Road  Law  Act  of  March  25,  '48,  repealed  '83-166 

JACKSON  TOWNSHIP— Polling  place  fixed  '43-49 

Bounty  tax,  exemptions  '66-717 

JESSUP  TOWNSHIP— Bounty  tax  authorized  '65-132 

Lenox  Road  Law  repealed  '70-425 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

LATHROP  TOWNSHIP— Polling  place  fixed  '51-424 

Pickerel,  protection  of  '66-698 

Maintenance  of  roads  and  bridges  '71-917 

LENOX  TOWNSHIP— Polling  place  fixed  '42-264 

Labor  road  tax  '47-199 

Opening  and  repairing  of  roads  '54-91,  '63-38 

Lenox  Road  Law  repealed  '67-682 

LIBERTY  TOWNSHIP— Lenox  Road  Law  repealed  '61-368 

LYMANVILLE  INDEPENDENT  SCHOOL  DISTRICT  erected       '70-1319 

LYONS  SCHOOL  DISTRICT  Act  of  May  6,  '50,  repealed  '51-23'8 

MIDDLETOWN  TOWNSHIP— 

Election  of  Supervisors  and  Overseers      '42-213,  '67-754,  See  '01-63 
Pathmasters  Act  of  March  18,  '46,  repealed  '47-200 

Duties   of  '51-88 

To  prevent  cattle,  etc.,  from  running  at  large  '67-996 

MILFORD  TOWNSHIP— Erection  of  poor  house.     See  New  Milford  '70-394 

NEW  MILFORD  TOWNSHIP— Erection  of  poor  house  '70-394 

OAKLAND  TOWNSHIP— Bounty  tax  authorized  '65-305,  '66-645 

Erection  of  poor  house  '73-717 

OVERSEERS  OF  POOR— Election  of  '38-596 

Pay  fixed  at  $1.50  per  day  '65-80 

Abolished  .       '59-62 

PAUPERS— Care  and  employment  of  '59-53 

POOR  DIRECTORS— See  Directors  of  the  Poor. 

POOR  HOUSE— Erection  of  '59-58 

Loan  authorized  '71-1089 

ROAD  COMMISSIONERS— Pay  fixed  at  $1.50  per  day  '67-458 

31 


484  APPENDIX. 

Susquelianna  County — Continued. 

ROAD  VIEWERS— Pay  fixed  '69-835 

Appointment  of  '46-261 

ROADJS — See  Supervisors — Surveyors  Act  of  April  8,  '51,  repealed  '85-168 

RUSH  TOWNSHIP— Lenox  Road  Law  extended  to  '48-249,  '61-386 

Bounty  tax  authorized  '65-248,  '66-655 

Repairs  to  roads  '65-400 

Erection  of  poor  house  '70-393 

Loan  authorized  '71-1089 

SCHOOL  DIRECTORS— Election  of  '40-651,  '41-70 
May  condemn  land                                                          '63-122,  '72-1068 

fcHEEP — Improvement  of  breed  of  '24-126 

Rimning  at  large  treated  as  strays.  See  Fences  '24-126,  '63-501 
Protection  of,  by  dog  tax                            '62-322,  '65-123,  330,  '72-'68 

SILVER  LAKE  TOWNSHIP  divided  into  sub  road  districts  '52-238 

Lenox  Road  Law  repealed  '87-167 

SPRINGVILLE  TOWNSHIP— School  district  diminished  '68-265 
Roads                                           Act  of  April  8,  '51,  repealed  '85-168 

STRAYS— Disposition  of.     See  Fences  Ch.  3724 

When  animals  to  be  treated  as  '63-501 

Rams,  disposition  of  '24-126 

SUPERVISORS  authorized  to  levy  ten  mills  tax  Ch.  4873 

Election  of  '35-46,  '38-596 

Duties  of  in  relation  to  the  poor  '59-58 

Pay  fixed  at  $1.50  per  day  '65-80 

SURVEYORS  OF  ROADS,  pay  fixed  '69-835 

SWINE  running  at  large  treated  as  strays.     See  Fences  '65-501 

THOMSON  TOWNSHIP— Lenox  Road  Law  repealed  '69-805 

lOWNSHIP  AUDITORS— Election  and  duties  of  '30-40 

Pay  fixed  at  $1.50  per  day  '67-456 

UNSEATED  LANDS— Collection  of  certain  taxes  on  Ch.  4565 

VIEWERS  of  roads  and  bridges,  pay  fixed  '69-835 

Appointment  of  '46-261 


LIST  OF  SPECIAL  ACTS.  485 

TIOGA  COUNTY. 

Organized  from  part  of  Lycoming  County,  ^March  26,  1804.     Ch.  246'6. 

ABATEMENT  ON  TAXES  '59-22G 

ASSESSMENTS— Appeals  from.    See  Taxes  Ch.  5143,  '47-93 

ASSESSORS  not  required  to  attend  elections  '44-220 

tsij  fixed  at  $1.50  per  day  '65-622 

BLOSS  TOWNSHIP  a  separate  election  district  '42-44 

Election  of  township  officers  '43-372 

Sale   of  liquor  regulated  '54-512 

Polling  place  fixed  '49-555,  '54-652 

Return  of  certain  unseated  lands  legalized  '70-108 

BOARD  OF  REVISION  OF  TAXES,  oath  of  '47-93 

BRIDGES— Repairs  of  '44-200 

County,  duties  of  Road  Commissioners  '46-203,  '51-245 

BROOKFIELD  TOWNSHIP— Polling  place  fixed  '42-333 

CHARLESTON  TOWNSHIP— Sale  of  liquor  regulated  '54-512 

Bounty  tax  authorized  '66-237 

Hunting  deer  with  dogs  prohibited  '66-887 

CHATHAM  TOWNSHIP— Bounty  tax  authorized  '65-558 

CLYMER  TOWNSHIP— Middletown  changed  to  '52-180 

COUNTY  BRIDGES— Duties  of  Road  Commissioners  '46-203,  '51-245 

COVINGTON  TOWNSHIP— Bounty  tax  authorized  '65-280 

DAMAGES— Road  '46-202 

DEERFIELD  TOWNSHIP— Polling  place  fixed  '51-425,  '54-49 

DELMAR  TOWNSHIP— Sale  of  liquor  regulated  '54-512 

DIRECTORS  OF  THE  POOR— Elections,  duties  and  powers  of        '50-753 

ELECTIONS  legalized.     See  Assessors  '40-717 

Time  of  holding  '40-44,  '53-529,  '65-66 

ELK  TOWNSHIP— Levy  and  collection  of  taxes  '56-493 

To  prevent  hunting  deer  with  dogs  '60-217 

ELKLAND  TOWNSHIP— Polling  place  fixed  '44-576,  '54-193 

FARMING-TON  TOWNSHIP— Polling  place  fixed  '51-43 

Bounty  tax  authorized  '67-452 

FENCES— Penalty  for  breaking  down  '55-234 

FRUIT— Protection  of  '55-55,  234 

GAINES  TOWNSHIP— Polling  place  fixed  '52-40 

Hunting  deer  with  dogs  prohibited  '58-131 

GARDENS— Protection  of  '55-55,  234 


486  APPENDIX. 

Tioga  County — Continued. 

JACKSON  TOWNSHIP— Polling  place  fixed  '44-577,  '52-179 

Bounty  tax  authorized  '65-280,  558,  '66-205 

Levy  of  certain  taxes  legalized  '68-182 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3868 

LABOR  ROAD  TAX  '65-622,  '67-665 

LAWRENCE  TOWNSHIP— Election  of  Supervisors  '42-199 

Sale  of  liquors  regulated  '54-512 

MIDDLETOWN  TOWNSHIP— Polling  place  fixed  '51-148 

Name  changed  to  Clymer  Township  '52-180 

MORRIS  TOWNSHIP— Polling  place  fixed  '                   '52-123 

Hunting  deer  with  dogs  prohibited  '59-34'6 

Repairs  to  roads  '63-37 

Loan  authorized  '72-665 

A  certain  road  a  public  highway  '72-673 

NELSON  TOWNSHIP— Polling  place  fixed  '57-7 

Erection  of  '58-346 

ORCHARDS— Protection  of  '55-55,  234 

OSCEOLA  TOWNSHIP— Polling  place  fixed  '57-7 

OVERSEERS  OF  THE  POOR^Settlement  of  accounts  '30-190 

PATHMASTERS— Appointment  of  '44-200 

PAUPER^^ — Care  and  employment  of  '50-753 

POOR  DISTRICTS  to  comprise  County  '73-283 

POOR  HOUSE— Erection  of  '50-753,  '66-160,  '67-575,  '73-283 

Election  for  or  against  '60-624 

POOR  TAXES— Levy  and  collection  of  '73-283 

PRIVATE  ROADS— Court  may  open  '46-417 

RICHMOND  TOWNSHIP— Election  of  Supervisors  '42-199 

Polling  place  fixed  '52-33 

ROAD  COMMISSIONERS— Election,  powers  and  duties  of. 

See  Pathmasters  '44-200,  '46-199,  '51-245,  '60-553 

Duties  in  relation  to  County  bridges  '46-203,  '51-245 

May  turn  streams  into  original  channels  '65-784 

ROAD  DAMAGES  '46-202 

ROAD  FUNDS— Disbursement  of  '61-497 

ROAD  LAWS— Revision  of  '55-240,  '61-5,  497 

ROAD  TAX— Levy  and  collection  of  '44-200,  '45-199,  '55-240 

Supervisors  may  levy  ten  mills  Ch.  4873,  '55-240 

Payment  of  '59-477 

On  unseated  lands  '44-200,  '59-636 

Labor  '65-622 

One  day's  work  the  minimum  '67-665 


LIST  OF  SPECIAL  ACTS.  487 

Tioga  Cotinty — Continued. 

ROAD  VIEWERS,  Surveyors,  pay  of  '52-341 

Duties  of  '45-199,  '46-202,  '55-240 

ROADS — Opening  and  repairs  of. 

See  Supervisors  '46-201,  '51-334,  '52-531,  '55-240 

Private,  court  may  open  '46-417.  Act  of  April  2,  '60,  repealed  '61-5 

Appointment  of  Pathmasters  '44-200 

Wages  for  labor  on  '65-622 

RUTLAND  TOWNSHIP— Bounty  tax  authorized  '65-197,  '66-430 

SEATED  LANDS — Sale  of,  for  non-payment  of  taxes       '69-1037,  '72-1163 

SHEEP— To  improve  the  breed  of  Ch.  4138 

SHIPPEN  TOWNSHIP— Polling  place  fixed  '52-233 

Hunting  deer  with  dogs  prohibited  '58-131 

SULLIVAN  TOWNSHIP— Bounty  tax  authorized  '65-280,  '66-480 

SUPERVISORS  authorized  to  levy  ten  mills  tax  Ch.  4873,  '55-240 

To  remove  obstructions  in  navigable  streams  '23-102 

Election,  powers  and  duties  of  '35-46,  '40-740,  '52-253,  '55-240, 

'61-5 

Pay  fixed  at  $1.50  per  day  '57-496 

May  appoint  tax  collectors  '64-180 

To  turn  streams  to  original  channels  '65-784 

SURVEYORS  acting  as  road  viewers,  pay  of  '52-341 

SWINE  prohibited  from  running  at  large.     See  Fences  '53-550 

TAX  COLLECTORS— Appointment  of  '64-180 

TAXES — Board  of  Revision  of. 

See  Assessments — Poor  Taxes — Road  Taxes  '47-93 

On  unseated  lands,  collection  of  '47-253 

Township— Assessment  of  '46-199,  '52-622,  '64-180 

Road,  assessment  and  collection  of  '44-200,  '45-199,  '55-240 

Abatements  on  '59-226 

TIOGA  TOWNSHIP— Election  of  Supervisors  '42-199 

Justice  of  the  Peace  may  have  office  in  Borough  '73-629 

TOWNSHIP  AUDITORS— Pay,  election  and  duties  of  '30-190 

TOWNSHIP  TAXES— 

Assessment  and  collection  of  '46-199,  '52-622,  '64-180 

TREASURER.— See  County  Treasurer. 

TRESPASS  on  orchards  and  gardens  '55-55,  234 

UNION  TOWNSHIP— Polling  place  fixed  '50-415 


488  APPENDIX. 

Tioga  County — Continued. 

UNSEATED  LANDS— 

Appeals  from  assessment  of.     See  Seated  Lands  Ch.  5143 

Collection  of  taxes  on  '47-253 
Koad  taxes  on                                                                     '44-200,  '59-636 

Return  of  certain,  validated  '62-7 

VIEWERS— nSee  Road  Viewers. 

WARD  TOWNSHIP— Polling  place  fixed  '52-320 

WESTFIELD  TOWNSHIP— Bounty  tax  authorized  '66-720 


UNION  COUNTY. 

Organized  from  part  of  Northumberland  County,  March  22,  1813.    Ch.  3708. 

APPEALS  from  awards  of  Road  Viewers      See  Viewers  '73-288 

ASSESSMENT  of  taxes  '29-16 

BEAVER  TOWNSHIP— Election  of  Supervisors.     See  West  Beaver    '40-53 
Separate  election  district  '44-76 

BRADY  TOWNSHIP— Gregg  Township  changed  to  '61-335,  '65-518 

CENTREVILLE  TOWNSHIP— Polling  place  fixed  '54-272 

CHAPMAN  TOWNSHIP— Polling  place  fixed  '52-497 

CONSTABLES— Election  of  '27-24 

DRAINAGE  of  swampy  lands  '63-293 

EAST  BUFFALO  TOWNSHIP— 

School  Directors  authorized  to  sell  land  '41-80 

FRANKLIN  TOWNSHIP— Polling  place  fixed  '54-107 

FRUIT- Protection  of  '53-387,  '61-478 

GARDENS— Protection  of  '53-387,  '61-478 

GREGG  TOWNSHIP— Name  changed  to  Brady  Township  '61-335,  '65-518 

Pay  of  township  officers  fixed  '67-864,  '68-580,  '71-1094,  see  '95-296 

Hunting  deer  with  dogs  prohibited  '69-1149,  '76-207 

HARTLEY  TOWNSHIP— Separate  school  districts  '39-604,  '40-344 

Road  petitions  '62-195 

Bounty  tax  authorized  '68-977,    '69-822 

JACKSON  TOWNSHIP— Polling  place  fixed  '54-169 

Annexed  to  Union  and  Limestone  Townships  '58-66 

JUSTICE  OF  THE  PEACE— County  divided  into  districts  Ch.  3863 

Duties  of,  in  criminal  cases  '61-682,  '62-274,  '68-859 

Monthly  courts  abolished  '62-27* 


LIST  OF  SPECIAL  ACTS.  489 

trnion  County — Continued. 

KELLY  TOWNSHIP— Additional  school  tax  authorized  '67-1167 

Cattle,  etc.,  running  at  large  '65-028,  '66-1114,  '67-1224 

LAND— Drainage  of  '63-293 

Judicial  sale  of  '53-520 

LEWIS  TOWNSHIP— Road  Views  '62-195 

Bounty  tax  authorized  '68-145 

LIMESTONE  TOWNSHIP— Election  of  officers  '49-134 

Boundaries  enlarged  '58-66 

MIDDLE  CREEK  TOWNSHIP— Polling  place  fixed  '44-15 

ORCHARDS  AND  PARKS,  protection  of  '53-387,  '61-473 

PENN'S  TOWNSHIP— Polling  place  fixed  '54-49,  169 

POOR  HOUSE— Erection  of  '49-348 

ROAD  VIEWERS— Duties  of  '58-114 

ROAD  VIEWS— Either  party  may  appeal  from  award  '73-288 

ROADS— Construction  and  repair  of  '46-231 

SHEEP— To  improve  the  breed  of  Ch.  3779 

SWAMPS— Drainage  of  '63-293 

TAXES— Assessment  and  collection  of  '29-16,  '87-123 

TRESPASS  on  orchards,  gardens,  etc.  '53-387,  '61-478 

On  railroad  cars  '73-181 

UNION  SCHOOL  DISTRICT  erected  '61-525 

UNION  TOWNSHIP— Polling  place  fixed  '59-623 

Boundaries  enlarged  '58-'66 

Swine  prohibited  from  running  at  large  '70-844 

UNSEATED  LANDS— Sale  of  '71-1375,  '72-824 

VIEWERS  of  road,  duties  of  '58-114 

Appeals  from  awards  of  '73-288 

Of  drains  for  wet  lands,  duties  of  '63-293 

WEST  BEAVER  TOWNSHIP— Polling  place  fixed  '44-79,  '53-182 

WEST  BUFFALO  TOWNSHIP— Road  petitions  '62-195 

WET  LANDS— Drainage  of  '63-293 
WHITE  DEER  TOWNSHIP— Election  of  Supervisors  validated        '49-507 

Hunting  deer  with  dogs  prohibited  '69-1149 


490  APPENDIX. 


VENANGO  COUNTY. 

Organized  from  parts  of  Allegheny  and  Lycoming  Counties,  March  12,  1800. 

Ch.  2119. 

ALLEGHENY  TOWNSHIP— Polling  place  fixed  '63-489 

ASSESSMENTS— Appeals  from  '31-278 

ASSESSORS'  pay  fixed  '65-773,   '71-12 

To  furnish  copy  to  Road  Commissioners  '44-232 

BREEDTOWN  SCHOOL  DISTRICT  enlarged  '71-1185 

BRIDGES— See  Road  Act  of  April  9,  '44,  construed  '45-80 

Act  of  April  9,  '70,  repealed  and  former  acts  revived  '71-423 

CANAL  TOWNSHIP— Polling  place  fixed  '51-156 

Cattle,  etc.,  running  at  large    Act  of  April  10,  '69,  repealed  '70-838 

CATTLE— Treated  as  strays  Ch.  4680,  '59-79 

Damages  to,  by  railroads  '69-1125 

CHERRYTREE  TOWNSHIP— School  district  enlarged      '67-1205,  '70-947 

Additional  Justice  of  the  Peace  authorized  '69-307 

Breedtown  School  District  enlarged  '71-1185 

CLINTON  TOWNSHIP— Unseated  lands,  sale  of,  for  poor  taxes      '69-1036 

CONSTABLES  to  give  sureties  Ch.  3563 

Duties  of,  in  relation  to  collection  of  taxes  '44-231,  '51-317,  '71-750 

County  Commissioners  to  fill  vacancies  '73-174 

CORNPLANTER  TOWNSHIP— Polling  places  '34-480,  '63-489 

Bridge  over  Oil   Creek  '63-600 

John  Rynd,  et  al.  authorized  to  erect  bridge  over  Oil  Creek  '70-1407 

Additional  Justice  of  the  Peace  and  Constable  '65-785 

Toll  bridge  over  Oil  Creek  authorized  '72-1315 

CRANBERRY  TOWNSHIP— Polling  place  fixed  '36-438 

Election  of  Supervisors  '42-304 

DAMAGES,  Road  Act  of  April  9,  '54,  construed  '58-405 

DOGS— Registry  of  '68-440 

FARMINGTON  TOWNSHIP— Polling   place   fixed  '29-339 

FRUIT— Protection  of  '55-55 

IRWIN  TOWNSHIP— Polling  place   fixed  '48-368,   '57-24 

JUSTICE  OF  THE  PEACE— Road  damages,  trial  of  '44-232,  '58-405 

Strays,  duties  of,  in  relation  to  Ch.  4680 

OAKLAND  TOWNSHIP— Polling  place  fixed  '42-44 

OIL  CREEK  ROAD— Repairs  of  '43-262 

OIL  CREEK  TOWNSHIP— Levy  of  road  tax  regulated  '73-282 

ORCHARDS— Protection  of  '55-55 


LIST  OF  SPECIAL  ACTS.  491 

Venango  County — Continued. 

OVERSEERS  OF  THE  POOR— See  Road  Commissioners. 

PAINT  TOWNSHIP— Polling  place  fixed  '36-439 

PAUPERS— Care  and  employment  of  '70-1147 

PINE  GROVE  SCHOOL  DISTRICT  erected  '42-450 

PINE  GROVE  TO W?^SHIP— Polling  place  fixed  '34-476,  '57-377 

PLUM  TOWNSHIP— School    district    diminished  '67-1205 

To  prevent  cattle,  etc.,  from  running  at  large  '69-550,   832 

Twenty  mills  road  tax  authorized  '69-1043 

POOR  HOUSE— Erection  of  '70-1147 

Appointment  of  steward  '70-1147 

POOR  TAXES— Sale  of  land  for  '70-767,  '73-298 

PRESIDENT  TOWNSHIP— Erection  of  '50-341 

REGISTRATION  OF  DOGS  '68-440 

ROAD  DAMAGES  '44-232,   '58-405 

ROAD  COJNIMISSIONERS  to  act  as  Overseers  of  the  Poor  '44-233 

Pay  fixed  by  Auditors  '44-232,  '73-746 

To  place  delinquent  taxes  in  hands  of  Constable  '44-231 

Election  and  duties  of  '44-230 

To  have  copy  of  assessments  '44-232 

To  return  unseated  lands  '46-204 

Ten  mill  tax  authorized  '46-204 

Acts  previous  to  April  9j  '70  revived  '71-423 

Authorized  to  pay  boimties  to  volunteers  '64-983 

ROAD  PIASTERS  to  settle  in  November  '44-232 

Election  and  duties  of  '44-231 

ROAD  TAXES— Labor-Collection  of  '30-25 

Exoneration  of  '49-102 

ROAD  VIEWERS — Court  to  appoint— One  a  surveyor  '31-476,  '60-25 

Pay  fixed  at  $3.00  per  day  '73-746 

ROADS  AND  BRIDGES— Damages  tried  by  Justice  of  the  Peace      '44-231 

Act  of  April  9,  '54,  construed  '58-405 

Laying  out  '59-239 
Laying  out      Act  of  April  9,  '70,  repealed  and  former  acts  re- 
vived '71-423 

ROCKLAND  TOWNSHIP— Polling  place  fixed  '54-151 

Ferry  at  McMillen  Farm  '70-193 

Road  Masters,  appointment  of  '72-666 

SANDY  CREEK  TOWNSHIP— Sale  of  land  for  poor  taxes  '70-199 

SCHOOL  DIRECTORS— Damages  for  erecting  school  houses  '52-715 

May  pay  bounties  to  volunteers  '64-983 


492  APPENDIX. 

Venango  Covmty — Continued. 

JSUKUBGRASS  TOWNSHIP— Polling  place  fixed  '57-24 

Ferry  at  Russel's  farm  '72-189 

SEATED  LANDS— Sale  of  for  taxes  '68-1158 

SHEEP— To  improve  the  breed  of  Ch.  3867 

Damages  to  by  railroads  '69-1125 

SUGAR  CREEK  TOWNSHIP— Polling  place  fixed  '48-60,  '50-29 

lerry  established  '71-1026 

SUPERVISORS  to  collect  half  of  road  tax  by  September  '30-25 

Election  of  '35-46 

To  levy  a  tax  to  pay  bounties  '71-1306 

SWINE— Damages  to,  by  railroads  '69-1125 

TAXES,  labor  road,  half  to  be  worked  out  before  September. 

See  Assessments  '30-25,  '49-102 

Expenses  of  collection        '44-231,  '51-317,  '68-1158,  '71-750,  '73-174 

'85-204. 

For  arming  the  State  '63-87 

Collection  of  '71-750,  see  '99-64 

Poor,  sale  of  lands  for  '70-767,  '72-298 

On  what  property  to  be  levied  '72-298 

Penalty  for  non-payment  '73-174 

TAX  COLLECTORS— Appointment   of  '51-317 

Compensation  of  '65-773 

TOWN  CLERKS— Court  may  appoint  to  fill  vacancies  Ch.  4680 

TOWNSHIP  AUDITORS— Appeal  from  '30-25 

To  fix  pay  of  road  commissioners  '44-232,  '73-746 

Election  and  duties  of  '30-25,  '31-476,  '71-1306 

TOWNSHIPS  to  keep  State  roads   in  repair  Ch.   5227 

Debts  adjusted  on  division  of  township  '31-476 

May  pay  bounties  to  volunteers  '64-983 

TRESPASS  on  orchards,   etc.  '55-55 

UNSEATED  LANDS— Appeal  from  assessment  of  '31-278 

Return  of  taxes  on  '44-232,  '46-204,  '49-102 

Advertisement  and  sale  of  '49-102 

Redemption  of  after  sale  '68-1158 
Sale  of                                                       '68-1158,  '70-199,  767,  '72-298 

VIEWERS  OF  ROADS— Pay  of  '31-476,  '73-746 

Appointment  of  '31-476,  '60-25 


LIST  OF  SPECIAL  ACTS.  493 

WARREN  COUNTY. 

Organized  from  part  of  Allegheny  County,  March  12,  1800.     Ch.  2119. 

APPEALS  from  assessments  '31-278 

From  township  auditors  '30-41 

ASSESSORS  to  make  copy  for  Road  Commissioners  '44-232 

Pay  fixed  at  $1.50  per  day  '66-141 

To  keep  a  copy  of  assessment  '68-561 

BRIDGES  over  Allegheny  River  to  be  lighted.     See  Roads  '60-378 

BROKENSTRAW  TOWNSHIP— Polling  place  fixed  '48-367,  '50-28 

To  prevent  cattle,  etc.,  from  running  at  large  '71-600 

To  prevent  spread  of  white  daisies  '72-858 

Irvine  Bridge  Act  of  February  24,  '47,  repealed  '79-167 

BULLS  AND  BUCKS  running  at  large  declared  strays  '55-316 

CATTLE— Strays,  empounding  of  Ch.  4680,  '55-316 

Damage  to,  by  railroad  '69-1125 

CATTLE  GUARDS  to  be  constructed  by  railroad  company  '68-514 

CHERRY  GROVE  TOWNSHIP— Polling  place  fixed  '48-336 

Location  of  a  certain  road  changed  '49-369 

COLLTMBUS  TOWNSHIP— School  taxes  on  sub-districts  '51-140,  6ti8 

Polling  place  fixed  '54-194 

Bounty  tax  legalized  '66-479 

Additional  road  tax  authorized  '67-638 

To  prevent  cattle,  etc.,  from  running  at  large  '70-433 

CONEWANGO  TOWNSHIP— Polling  place  fixed  '34-480 

To  prevent  cattle,  etc.,  from  running  at  large  '71-598 

CONSTABLES,  to  give  official  bond  Ch.  3563 

Election  of  '27-24,   '44-409 

To  collect  road  taxes  '44-231 

May  serve  process  for  township  auditors  '57-163 

CORYDON  TOWNSHIP— Acts  of  certain  officers  legalized  '46-484 

Road  taxes                                 Act  of  April  18,  '53,  repealed  '57-177 

Drainage  of  swamps  '69-401 

DAISIES— To  prevent  the  spread  of  '72-858 

DAM-4GES,  Road,  trial  of  '44-232 

DEERFIELD  TOWNSHIP— Polling  place  fixed  '34-354 

School  tax  in  sub-districts  '51-568 

Erection  of  '61-638 

Road  tax  '67-856 


494  APPENDIX. 

Warren  Coiinty — Continued. 

DOG  TAX  '64-154,  '69-1125,  '70-293 

Appropriated  to  school  purposes  Act  of  March  1,  70,  repealed  '91-110 

DKAINAGE  of  swamp  lands  '71-987 

ELDRED  TOWNSHIP— Polling  place  fixed  '53-427 

Levy  and  collection  of  road  tax  '66-'663 

Twenty-five  mills  school  tax  authorized  '73-257 

ELECTIONS  Act  of  April  9,  '49,  repealed  '52-39 

Time  of  holding  '69-296,  '72-656 

ELK  TOWNSHIP— Polling  place  fixed  '31-487 

Twenty  mills  road  tax  authorized  '46-204 

Bounty  tax  authorized  '64-1025 

Levy  of  road  tax  '52-206 

FARMINGTON  TOWN  toHIP— Polling   place   fixed  '54-47 

Bounty  tax  authorized  '66-47 

To  prevent  cattle,  etc.,  from  running  at  large  '68-443,  '70-433 

School  and  town  house,  erection  of  '71-597 

FENCES — Railroad  companies  required  to  maintain         '68-514,  '69-1125 

FREEHOLD  TOWNSHIP— Polling  place  fixed  '34-476 

Levy  of  school  taxes  '54-172 

Cattle,  etc.,  prohibited  running  at  large  '68-443,  '69-550 

Bounty  tax  authorized  '66-'691 

Additional  tax — soldiers  exempted  '67-385 

FRUIT— Protection  of  '55-55 

GARDENS— Protection  of  '55-55 

GLADE  TOWNSHIP— Ferry  over  Allegheny  River  '59-260,  '70-1376 

To  prevent  cattle,  etc.,  from  running  at  large  '73-460 

Construction  of  sidewalks  '73-584 

JUSTICE  OF  THE  PEACE— Acts   confirmed  Ch.   3113 

GREENE  TOWNSHIP— Erection  of— Polling  place  fixed  '44-14 

County  to  be  districted  Ch.  3868 

Duties  of  in  relation  to  strays  Ch.  4630 

Jurisdiction  of  road  damages  '44-232 

Dockets  of  '49-262 

In  case  jury  disagrees  '69-362 

Jurisdiction  enlarged  '67-354,  '73-190 

Appeals  from  judgment  of  '72-190 

KINZUA  TOWNSHIP— Twenty  mills  road  tax  authorized  '48-337 

Polling  place  fixed  '53-386 

Levy  and  collection   of   road   taxes  '66-663 

Ferry  across  Allegheny  River  '68-1225 

Drainage  of  swamps  '69-401 


LIST  OF  SPECIAL  ACTS.  495 

Warren  County — Continued. 

LAND— Drainage  of  '71-987 

LIMESTONE  TOWNSHIP— Polling  place  fixed  '36  438 

Koad  tax  authorized  '68-996 

MEAD  TOWNSHIP— Polling  place  fixed  '48-5 

Location  of  State  road  changed  '49-396 

Twenty  mills  road  tax  authorized  '48-337 

OKCHARDS— Protection  of  '55-55 

OVERSEERS  OF  THE  POOR— 

Road  Commissioners  to  act  as  '44-233,  '68-535 

PINE  GROVE  TOWNSHIP— School  tax  on  sub-districts  '51-140,  568 

Additional  Justice  of  the  Peace  to  be  elected  '44-16 

Bounty  tax  legalized  '66-518 

To  prevent  cattle,  etc.,  from  running  at  large  '73-185 

PiTTSFIELD  TOWNSHIP— Polling  place  fixed  '48-5 

Growing  of  white  daisies  '72-858 

To  prevent  cattle  from  running  at  large  '73-185 

PLEASANT  TOWNSHIP— 

Road  tax  Act  of  January  22,  '50,  repealed  '62-316 

Hunting  deer  with  dogs  prohibited  '66-564,  '68-1058 

POLLING  PLACES— Courts  authorized  to  change  '44-19 

POOR  HOUSE— Erection  of  '64-438 

Poor  Act  of  March  1,  '68,  repealed  '89-155 

ROAD  COMMISSIONERS— Election  and  duties  of. 

See  Supervisors  '44-230,  see  Act  '97-105 

Assessors  to  furnish  copy  of  assessment  to  '44-232 

Pay  fixed  by  Auditors  '44-232 

To  keep  State  roads  in  repair  Ch.  5227 

To  perform  duties  of  Overseers  of  Poor  '44-233,  '68-535 

To  report  to  Court  '48-163,  see  '97-105 

Ten  mill  tax  authorized — To  return  tmseated  lands  '44-232,  '46-204 

ROAD  DAMAGES  to  be  tried  by  two  Justices  of  the  Peace  '44-232 

ROAD  MASTERS  to  settle  in  November  '44-232 

Election  and  duties  of  '44-231 

Act  of  April  13,  '43,  repealed  '44-8'6 

ROAD  TAX — Constable  to  collect  delinquent.     See  Supervisors         '44-231 
Collection  of  '30-41,  '48-164,  '69-879 

Additional,  authorized  '44-231,  '47-163 

Assessment  and  collection  of  '69-379 

On  unseated  lands  '65-652 

ROAD  VIEWERS— Appointment  and  pay  of  '31-476 

One  to  be  a  surveyor  '31-476 


496  APPENDIX. 

Warren  County — Continued. 

KOADS  AND  BRIDGES— 

Act  of  April  9,  '44,  defined  '45-80,  repealed  '97-105 
Opening  or  vacating  to  be  reported  to  Court  '48-163 

SCHOOL  DIRECTORS  to  condemn  land  for  school  houses  '62-48 

Levy  of  tax  '51-561 

To  levy  a  tax  on  dogs  '70-294,  '91-110 

SHEEP— Protection  of  '64-154 

Damages  to,  how  paid  '64-154,  '69-1125,  '70-293 

SHEFFIELD  TOWNSHIP— Polling  place  fixed  '42-322 

Fifteen  mills  additional  road  tax  authorized  '60-164 

Bounty  tax  authorized  '67-450 

SOUTH  WEST  TOWNSHIP— Polling  place  fixed  '50-113 

Erection  of  town  house  '50-546,  702 

Additional  tax  '61-653 

School  tax  on  sub-districts  '50-546,  702 

Additional  road  tax  authorized  '62-215 

Road  tax  authorized  '67-656 

Twelve  mills  school  tax  authorized  '71-656 

SPRING  CREEK  TOWNSHIP— Additional  road  tax  '69-122 

Loan  authorized  '73-771 

To  prevent  cattle,  etc.,  from  running  at  large  '70-580 

STALLIONS  running  at  large  declared  strays  '55-316 

STRAYS— To  regulate  the  taking  of  Ch.  4680 

Stallions,  bulls,  bucks,  rams  and  swine  running  at  large        '55-316 

SUGAR  GROVE  TOWNSHIP— Polling  place  fixed  '48-211 

School  tax  on  sub-districts  '51-140,   568 

Election  of  Tax  Collector  '66-631 

Road  Tax  Act  of  February  17,  '65,  repealed  '67-447 

To  prevent  cattle,  etc.,  from  running  at  large  '69-550 

Town  house  Act  of  March  25,  '73  repealed  '70-295 

SUPERVISORS  to  collect  one-half  of  tax  before  September  '30-41 

Act  of  Maroh  1,  '68,  repealed  '89-155 
Election  of  '35-46 

SWAMPS — Drainage  of  '71-987 

SWINE  running  at  large  declared  strays  '55-316 

Damages  to,  by  railroads  '69-1125 

TAX   ON   DOGS— 

See  Assessors — School  Directors — Road  Tax  '64-154,  '70-293,  '91-110 
Collection  of,  on  unseated  lands  '68-561 

Sale  of  land  for  authorized  '67-214,  '70-282,  see  '95-232 

TOWN  CLERK— When  Court  to  appoint  Ch.  4680 


LIST  OF  SPECIAL  ACTS.  497 

Warren  CovLutj— Continued. 

TOWNSHIP  AUDITORS— Appeals  from  '30-41 

Election  and  duties  of  '30-41,  '31-476 

May  direct  process  to  constable  '57-163 

TOWNSHIPS  to  keep  State  roads  in  repair  Ch.  5227 

Adjustments  of  debts  in  case  of  division  of  '31-476 

TREASURERS'  SALES  of  unseated  lands  '67-214,  '70-2G2,  282 

UNSEATED  LANDS— Road  Commissioners  to  return         '44-232,  '46-204 

Appeals  from  assessments  of  '31-278 

Sale  and  redemption  of  '67-214,  '70-262,  282 
Collection  of  taxes  on                      '65-652,  '68-561,  '69-564,  '70-262 

WET  LANDS— Drainage  of  '71-987 


WASHINGTON  COUNTY. 
Organized  from  part  of  Westmoreland  County,  March  28,  1781,  Ch.  920. 

ALLEN  TOWNSHIP— Polling  place  fixed  '53-8,  '57-4 

AMWELL  TOWNSHIP— Six  Supervisors  authorized  '65-481 

Uwchlan  Township  road  law  extended  to  '69-704 

APPEALS  from  assessments  '45-133,  '61-562 

ASSESSORS— Pay  fixed  at  $2.00  per  day  '66-220 

BRIDGES — Erection  and  maintenance  of. 

See  Road  and  Bridge  Viewers  '50-616,  '59-309 

BUFFALO  TOWNSHIP— Repair  of  bridges  '63-292 

Roads                                     Act  of  February  18,  '70,  repealed,  '78-31 

CANADA  THISTLES— To  prevent  the  spread  of  '61-421 

CANOE  TOWNSHIP— Polling  place  fixed  '49-481 

CANTON  TOWNSHIP— 

Justices  of  the  Peace  may  reside  in  Washington  Borough       '70-294 

Election  of  Supervisors  '61-56 

Uwchlan  Township  road  law  extended  to  '72-665 
Lredit  to  tax  payers  for  macadamizing  Washington  and  West 

Middleton  road  '62-30 

CARROLL  TOWNSHIP— 

Election  of  Constables  and  Assessor  '35-56,  '43-377 

Separate  election  district  '44-78 

Supervisors  to  give  bonds  '47-258 

Polling  place  fixed  '42-53,  452,  '49-558 

Bounty  tax                                 Act  of  March  24,  '68,  repealed  '69-798 


498  APPENDIX. 

Washington  County — Continued. 

Auditor's  report,  publication  of  '69-1069 

Sale  of  liquors  prohibited  '72-299,  repealed  '03-334,  Donora 

Borough  excepted  '01-149 

Koads  Act  of  March  24,  '71,  repealed  '76-190 

CECIL  TOWNSHIP— Separate  election  district  '44-79 

School  district  enlarged  '63-284 

Hunters  must  have  consent  of  land  owners  '72-686 

Roads  Act  of  March  14,  '67,  repealed  '76-191 

CHARTIERS  TOWNSHIP-^chool  district  enlarged  '63-253 

Diminished  '58-117 

CROSS  CREEK  TOWNSHIP— Election  of  Supervisors  '59-201 

School  district  enlarged  '67-207 

Hunters  must  have  permission  of  land  owners  '72-68'6 

DELINQUENT  TAXES— Penalties  on  '57-163 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '30-257 

Pay  fixed  '48-442 

DOG  TAX  Ch.  3718,  '26-132,  '34-12 

DOGS— Relating  to  '72-103 

DONEGAL  TOWNSHIP— Election  of  Constable  '23-70 

EAST  BETHLEHEM  TOWNSHIP— Polling  place  fixed  '42-265 

Repair  of  roads  '65-336,  '66-838 

Collection  of  delinquent  taxes  '72-67 

Roads.     Acts  of  February   19,  '70,  and  March  24,  '71,  and 

March  16,  '72,  repealed  '78-31. 

EAST  FINLEY— Cash  road  tax  '29-321 

EAST  PIKE  RUN  TOWNSHIP— Election  of  Constable  '38-604 

Bounty  tax  authorized  '65-248 

Uwchlan  Township  road  law  extended  to  '65-336,  '68-558 

Collection  of  delinquent  road  tax  '72-67 

ELECTION  regulated  '61-474,  '67-879 

FALLOWFIELD  TOWNSHIP— Additional  tax  authorized  '42-126 

New  school  district  '47-287 

Polling  place  fixed  '50-89 

Uwchlan  Township  road  law  extended  to  '67-340,  1069 

Bounty  tax  authorized  '68-1026 

Roads  Act  of  March  24,  '71,  repealed  '77-76 

FENCES— Legal  height  of  Ch.  2981 

Act  of  March  27,  1784,  repealed.     Ch.  2981,  '62-496. 

Act  of  March  28,  '08,  repealed  '91-108. 

FINES— Collection  of  "  '36-231 

Certain,  to  be  paid  to  County  Treasurer  for  Poor  Fund  '36-231 


LIST  OF  SPECIAL  ACTS.  499 

■Washington  County — Continued. 

FRANKLIN  TOWNSHIP— Four  Supervisors  authorized  '65-481 

FRUiT— Protection  of  '55-55,  169,  '60-362 

GARDENS— Protection  of  '55-55,  169,  '60-362 

HANOVER  TOWNSHIP— Roads  repaired  by  lowest  bidder  '41-202 

School  district  enlarged  '57-62 

Additional  Supervisor  authorized  '58-89 

Uwchlan  Township  road  law  extended  to  '68-1119 

Supervisors  to  repair  State  road  '69-279 

Hunters  must  have  consent  of  land  owners  '72-G86 

HOPEWELL  TOWNSHIP— Polling  place  fixed  '52-54 

Poor,  how  supported  '23-124 

Election  of  Supervisors  '46-421,  '48-477,  '61-56 

Bounty  tax  authorized  '64-511 

Roads  Act  of  March  24,  '71,  repealed  '76-190 

INDEPENDENCE  TOWNSHIP— ^ix  Supervisors  authorized  '65-141 

Qualifications  of  School  Directors  '66-642 

Chester  County  road  law  repealed  '87-179 

JEFFERSON  TOWNSHIP— Polling  place  fixed  '54-152 

Six  Supervisors  authorized  '64-486 

Hunters  to  have  consent  of  land  owners  '72-686 

Roads  Act  of  February  19,  '70,  repealed  '78-31 

JUSTICE  OF  THE  PEACE— When  office  declared  vacant  '64-873 

MONONGAHELA  TOWNSHIP— Polling  place  fixed  '52-334 

MORRIS  TOWNSHIP— Polling  place  fixed  '51-830 

Roads  Act  of  March  24,  '71,  repealed  '83-78 

MOUNT  PLEASANT  TOWNSHIP— 

Hunters  to  get  consent  of  land  owners  '72-686 

MURDOCKVILLE  Independent  School  District  '68-282 

NORTH  STRABANE  TOWNSHIP— Polling  place  fixed  '50-331 

Repair  of  roads  '66-643 

Election  of  Supervisors  '66-823 

NOTTINGHAM  TOWNSHIP— Election  of  Constables  Ch.  4844,  '35-57 

New  school  district  '47-287 

Location  of  school  house  '52-706 

NOXIOUS  WEEDS— To  prevent  the  spread  of  '61-421 

ORCHARDS— Protection  of  '55-55,  169,  '60-362 

OVERSEERS  OF  POOR  abolished  '30-261 

PAUPERS— Care  and  employment  of  '30-256,  '36-231,  '55-3S0 

Fees  for  removal  of  '44-92 

PENALTIES  on  delinquent  taxes  '57-163 

32 


500  APPENDIX. 

Washington  County — Continued, 
PETERS  TOWNSHIP— 

Uwchlan  road  law  extended  to  '67-340,  repealed  '97-80 

Publication  of  Auditors'  reports  '69-1089 

School  district  enlarged  '63-253 

POOR  FUND— Certain  fines  payable  to  '36-231 

POOR  HOUSE— Erection  of  '30-256 

ROAD  VIEWS  AND  DAMAGES  '43-177,  '45-25,  '57-3 

ROAD  TAXES — Collection  of  delinquent.     See  Supervisors  '72-67 

ROADS— Opening    and  maintenance  of      '43-177,  '45-25,  '50-'616,  '53-717, 

'54-87,  '56-501,  '57-3,  208,  '59-309 

ROBINSON  TOWNSHIP— Bounty  tax  authorized  '65-746,  '66-936 

Road  laws  amended  '70-1065 

Hunters  to  have  consent  of  land  owners  '72-G86 

SCHOOL  DISTRICTS  '44-428 

SHEEP— To  improve  the  breed  of.     See  Dog  Tax  Ch.  3779 

SMITH  TOWNSHIP— Election  of  Constable  '26-59,  '29-230 

Kerr's  School  House  Act  of  March  6,  '49,  repealed  '50-155 

Relating  to  roads  '72-545 

Hunters  to  have  consent  of  land  owners  '72-'686 

SOMERSET  TOWNSHIP— New  school  district  '47-287 

Uwchlan  Township  road  law  extended  to  '69-291 

SOUTH  STRABANE  TOWNSHIP— Four  Supervisors  authorized      '67-434 

SUPERVISORS  to  perform  duties  of  Overseers.     See  Roads  '30-262 

To  give  official  bond  '55-483 

Pay  fixed  at  $2.00  per  day  '70-354 

SURVEYORS  OF  ROAD— Pay  fixed  '53-751 

SWINE  running  at  large  Ch.  2981,  '36-308 

TAXES — Collection  of 

'50-979,  '55-528,  '57-163,  '61-446,  562,  '63-446,  '85-204,  see  '95-33 

Act  of  April  7,  '49,  repealed  '91-110 

THISTLES— To  prevent  the  spread  of  '61-421 

TOWNSHIP  AUDITORS— Pay  fixed  '70-354 

TOWNSHIPS— Court  may  change  names  of  '35-291 

TRESPASS  by  cattle,  etc.,  how  adjusted  Ch.  2981 

On  orchards,  gardens,  etc.,  penalty  for  '55-55,  169,  '60-362 

UNION  TOWNSHIP— Minimum  school  tax  '42-423 

Repair  of  roads  '66-643 

Election  of  Supervisors  '66-823 

UNSEATED  LANDS— Sale  of  '69-769 


LIST  OF  SPECIAL  ACTS.  $01 

Washington  County — Continued. 

VIEWS — Road  and  bridge,  to  be  published. 

See  Road  Views  *45-25,  '59-309 

WEEDS— Noxious,  to  prevent  the  spread  of  '61-421 

WEST  FINLEY  TOWNSHIP— Cash  road  tax  '29-321 

Additional  tax   authorized  '43-387 
Roads                                            Act  of  March  30,  '72,  repealed  '78-31 

WEST  PIKE  RUN  TOWNSHIP— Polling  place  fixed  '49-115 

Uwchlan  Township  road  law  extended  to  '67-340 


WAYNE  COUNTY. 
Organized  from  part  of  Northampton  County,  March  21,  1798,  Ch.  1975. 

ASSESSMENTS  of  unseated  lands,  appeals  from  '32-153,  '72-65 

ASSESSORS  not  required  to  attend  elections  '47-220 

BERLIN  TOWNSHIP— Polling  place  fixed  '49-557 

Certain  acts  of  Supervisors  validated  '64-847 

To  prevent  cattle,  etc.,  from  running  at  large  '73-171 

BRIDGES  Act  of  March  24,  '46,  repealed  '50-42 

When  county  to  rebuild  '70-498 

BUCKINGHAM  TOWNSHIP— Time  of  holding  elections  '35-17 

Lenox  road  law  extended  to  '60-94,  '64-387 

Powers  and  duties  of  Supervisors  and  Pathmasters  '72-752 

CANAAN  TOWNSHIP — Election  of  Supervisors  and  Overseers. 

See  South  Canaan  '44-33 

Land  annexed  to  '47-150 

Lenox  road  law  repealed  '74-404 

CHERRY  RIDGE  TOWNSHIP— Polling  place  fixed  '45-49 

Election  of  Supervisors  and  Overseers  '69-392 

CLINTON  TOWNSHIP— Separate  school  district  '41-169 

Land  annexed  to  Canaan  Township  '47-450 

Part  of  Lenox  road  law  extended  to  '51-445 

Polling  place  fixed  '54-47 

Election  of  Supervisors  '51-445,  '57-369 

DAMASCUS  TOWNSHIP— Polling  place  fixed  '42-463,  '44-13 

Minimum  work  road  tax  '72-419 

Pay  of  Auditors  '72-869 

Relating  to  roads  '68-230,  '72-1092 

Powers  and  duties  of  Supervisors — Pay  for  road  work  '73-191 

Change  of  channel  of  river  '87-426 


502  APPENDIX. 

Wayne  County — Continued. 

DELINQUENT  TAXES— Sale  of  land  for.     See  Unseated  Land        '61-594 

DIRECTORS  OF  THE  POOR— Election,  powers  and  duties  of  '50-564 

DOGS— Tax  on  '52-384,  '79-168 

Hunting  deer  with,  prohibited  '61-643 

Act  of  April  10,  '73,  repealed  '79-168 

DYBERRY  TOWNSHIP— Polling  place  fixed  '51-294,  '53-39 

Bounty  tax  authorized  '65-696 

School  district  diminished  '67-1278 

To  prevent  cattle,  etc.,  from  running  at  large  '71-1042 

Roads  Act  of  March  5,  '52,  repealed  '72-897 

Act  of  April  10,  '73,  repealed  '87-174 

ELECTIONS  regulated  '39-598,  '44-220,  '57-167,  '59-116 

INDEPENDENT  SCHOOL  DISTRICT— 

Courts  to  regulate  elections  in  '57-275 

MANCHESTER  TOWNSHIP— Polling  place  fixed  '52-37 

Lenox  Road  Law  extended  to  '60-94,  '64-387 

Collections  of  road  taxes  '70-135 

MOUNT  PLEASANT  TOWNSHIP— Supervisors  and  Overseers  '45-152 

Polling  place  fixed  '48-461,  '50-39 

School  district  enlarged  '46-95 

Part  of  Lenox  Road  Law  extended  to  '51-445 

Two  Supervisors  authorized  '51-445,  '57-369 

MOUNT  REPUBLIC  Independent  School  District  erected  '52-704 

NORTH  EAST  School  District  '46-95 

OREGON  TOWNSHIP— Polling  place  fixed  '48-56 

To  prevent  cattle,  etc.,  from  running  at  large  '72-128 

PALMYRA  TOWNSHIP— Polling  place  fixed  '42-322,  '51-294 

Additional  Constable  '45-50 

Election  of  Overseers  of  the  Poor  '54-173,  346 

PAUPACK  TOWNSHIP— Polling  place  fixed  '51-156 

Election  of  Overseers  of  the  Poor  '54-173 

Twenty  mill  road  tax  authorized  '68-364 

PLANK  ROADS— Repairs  of  '58-357 

POOR  HOUSE— Erection  of  '50-564 

PRESTON  TOWNSHIP— 

Election  of  Supervisors  and  Overseers  of  Poor  '51-42 

Polling  place  fixed  '54-172 

Lenox  Road  Law  extended  to  '57-255 

Overseers  of  the  Poor,  all  special  acts  repealed  '58-186 

Maintenance  of  roads  '58-186 

ROAD  TAX— Labor,  two-thirds  to  be  worked  before  August  1  '28-331 


LIST  OF  SPECIAL  ACTS.  503 

"Wayne  County — Continued. 

ROAD  VIEWS— Expense  to  be  paid  by  petitioners  '62-93 

ROADS — Construction  and  repairs  of.    See  Plank  Roads  '46-231 

SALEM  TOWNSHIP— Two  Supervisors  authorized  '50-413 

Lenox  Road  Law  extended  to  '59-41 

Fifteen  mills  road  tax  authorized  '66-561 

Roads.     Acts  of  February  12,  '59,  and  April  10,  '73,  repealed 

'72-896,  '78-31. 

SCOTT  TOWNSHIP— Polling  place  fixed  '47-423 

Additional  road  tax  authorized  '60-97 

SHEEP— Protection  of  Act  of  April  10,  '73,  repealed  '79-168 

Dog  tax  to  pay  damages  to  '52-384 

SOUTH  CANAAN  TOWNSHIP— Polling  place  fixed  '53-10 

Collection  of  road  taxes — pay  of  Supervisors  '69-840 

Lenox  Road  Law  Act  of  March  4,  '50,  repealed  '74-404 

SOUTHWEST  TOWNSHIP— Polling  place  fixed  '50-87 

STARLING  TOWNSHIP— Supervisors  and  Overseers  '52-134 

Collection  of  road  taxes — pay  of  Supervisors  '69-840 

STRAYS— Empoiinding  and  sale  of  Ch.  2865 

SUPERVISORS— Election  of  '35-46,  '44-33 

I'AXES — See  Assessments — Road  Tax — Delinquent. 

TEXAS  TOWNSHIP— Time  for  electing  officers  '38-612 

Polling  place  fixed  '61-585 

Board  of  Health  '62-45 

Erection  of  Poor  House  '62-80,  '63-225 

School  tax  and  building  tax  '66-291 

Repairing  roads  Act  of  February  27,  '63,  repealed  '64-551 

TOWNSHIP  AUDITORS— Election  of  '39-598 

TOWN  CLERK— Election  of  Ch.  2865 

UNSEATED  LANDS— Appeals  from  assessments  of  '32-153,  '72-'65 

Sale  of  delinquent  taxes  '61-594 

Return  of  certain,  nunc  pro  tunc  '61-594 

VIEWS,  Road,  expenses  of  to  be  paid  by  petitioners  '62-93 


504 


APPENDIX. 


WESTM:t)BELAND  COUNTY. 


Organized  from  part  of  Bedford  County,  February  23,  1773.     Ch.  678. 


ALLEGHENY  TOWNSHIP— Supervisors  to  give  bond  '52-256 

Polling  place  fixed  '53-114 

Bounty  tax  legalized  '68-769 

Liquor  licenses  prohibited  '67-1288 

APPEALS  from  assessment  of  coal  lands  '68-1066,  '69-815 

ASSESSORS'  pay  fixed  at  $2.00  per  day  '65-635 

ASSESSMENTS  on  coal  property  '68-1066,  '69-815 

BELL  TOWNSHIP— Polling  place  fixed  '54-16 

Collection  of  road  taxes  in  cash.  '58-261 

Bounty  tax  authorized  '65-711 

BRIDGES— Erection  and  maintenance  of  '50-6r6 

Appointment  and  duties  of  viewers  '53-482 

Townships  to  repair  bridges  '53-483 

To  be  repaired  by  county  '72-1011 

I'.URRELL  TOWNSHIP— Polling  place  fixed  '53-114 

CONSTABLES— Election  of  '27-24,  '40-70 

COOK  TOWNSHIP— Polling  place  fixed  '54-152 

Hunting  deer  with  dogs  prohibited  '58-131 

Bounty  tax  authorized  '69-416 

Special  bridge  tax  '67-881 

DAMAGES— Road  '44-137 

DERRY  TOWNSHIP— Election  of  Constable  '29-74 

Sep<?rate  school  district  '39-604,  '50-185 

Polling  place  fixed  '44-19,  '50-185 

Road  authorized  on  Commonwealth  land  '55-357 

Four  Supervisors  authorized  '61-68 

Part  of,  annexed  to  Livermore  Borough  '67-501 

Sale  of  liquors  regulated  '67-591 

Bounty  tax  authorized  '69-1046 

DIRECTORS  OF  THE  POOR— Election  and  duties  of  '39-2,  '49-353,  '52-275 

Act  of  April  5,  '49,  repealed  '85-72 

DOG  TAX  '67-'691,  '68-403,  '73-655,  '78-67 

Appropriated  to  schools  '73-655,  '78-67 

DONEGAL  TOWNSHIP— Polling  place  fixed  '52-618,  '54-152 

Boundaries  of  school  district  '53-182 

Hunting  deer  with  dogs  '58-131 


LIST  OF  SPECIAL  ACTS.  505 

Westmoreland  County — Continued. 

DRAINAGE  of  lands  and  mines  '68-438 

EAST  BRUNSWICK  TOWNSHIP  elections  '38-623 

EAST  HUNTINGTON  TOWNSHIP— Suits  for  taxes  '31-97 

Special  tax  '38-12 

Part  of  Hempfield  Township  attached  '45-153 

Polling  place  fixed  '52-37,  652 

Four  Supervisors   authorized  '58-79 

Surplus  bounty  fund  transferred  to  school  fimd  '67-'668 

ELECTIONS— Time  of  holding  '39-591,  598 

FAIRFIELD  TOWNSHIP— Hunting  deer  with  dogs  prohibited         '58-131 

Four  Supervisors  authorized  '61-68 

Supervisors  to  collect  school  tax  '36-366 

FENCES  Act  of  March  27,  1784,  repealed  '62-496 

FOUR  MILE  RUN  SCHOOL  DISTRICT  erected  '52-703 

FRANKLIN  TOWNSHIP— 

Road  repairs  Act  of  March  27,  '45,  repealed  '46-148 

Sale  of  liquor  prohibited  '70-863 

FRUIT— Protection  of  '55-55,  234 

GARDNER,  WILLIAM,  authorized  to  erect  a  dam  Ch.  1805 

HARMONY  School  District  erected  '41-168,  '48-188 

HEMPFIELD  TOWNSHIP— Part  attached  to  East  Huntingdon      '45-153 

Election  of  Supervisors  '46-87 

Elections  regulated  '51-869 

Additional  Supervisors  authorized  '53-114,  '62-142 

Land  of  William  Steele  annexed  for  school  purposes  '66-666,  '67-199 

Supervisor  districts  defined  '70-816 

HUNTINGDON  TOWNSHIP— See  East  Huntingdon— South  Huntingdon. 

JONES  MILL  SCHOOL  DISTRICT  erected  '51-599 

JUSTICE  OF  THE  PEACE— Election   of  additional  '43-104 

LABOR  ROAD  TAX— Two-thirds  to  be  worked  before  September  1st,  '32-419 

LAGRANGE  Independent  School  District— Erection  of  '66-669 

LAND,  wet,  drainage  of  '68-438 

LIGONIER  TOWNSHIP— Polling  place  fixed  '54-194 

Hunting  deer  with  dogs  prohibited  '58-131 

Four  Supervisors  authorized  '62-285 

LOYALHANNA  TOWNSHIP-^eparate  school  district  '39-604 

Cash  road  tax  '56-360 

Relief  of  Supervisors  '69-402 

MARS  HILL  SCHOOL  DISTRICT— Erection  of  '50-261 

MISSISSINNEWA  TOWNSHIP— Erection  of  '47-423,  rep.  '50-0f> 


506  APPENDIX. 

Westmoreland  County — Continued. 

NORTH  HUNTINGDON  TOWNSHIP— Polling  place  fixed  '43-50 

Collection  of  subscriptions  to  bounty  fund  '65-286 

Per  capita  tax  authorized  '69-861 

Annuity  on  certain  real  estate  released  '72-518 

ORCHARDS— Protection  of  '55-55,  234 

OVERSEERS  OF  THE  POOR  abolished  '39-7 

PASPEYS  SCHOOL  DISTRICT  '51-38T 

PAUPERS— Care  and  employment  of  '39  2,  '49-353,  '52-275,  '68-1040 

PENN  TOWNSHIP— Polling  place  fixed  '55-72 

Boxindaries  extended  '58-316,  '61-191 

Bounty  tax  authorized  '65-712 

Additional  Supervisor  authorized  '67-449 

PLEASANT  GROVE  SCHOOL  DISTRICT— Erection  of  '50-187 

Certain  land  excluded  from  '51-132 

POLLING  PLACES— Compensation  for  use  of  '57-107 

POOR  Act  of  April  5,  '49,  repealed  '85-72 

POOR  HOUSE— 

Erection  and  management  of  '39-2,  '40-37,  '49-353,  '50-98, 

'52-275.     Act  April  13,  '68,  repealed  '70-1108. 

Management  of,  under  general  law  '85-72 

ROAD  DAMAGES  '44-137 

ROAD  TAX,  Labor,  two-thirds  to  be  worked  before  September  1st    '32-419 

ROAD  VIEWERS— Appointment  of  '44-137,  '53-482,  '54-553 

ROADS  not  opened  or  used  to  be  void  '40-142 

Opening  and  maintenance  of  '44-105,  '50-616 

ROSTRA VER  TOWNSHIP— Four  Supervisors  authorized  '63-184 

New  school  district  '66-669 

Presbyterian  Church  exempted  from  taxation  '70-1434 

To  prevent  cattle,  etc.,  from  running  at  large  '73-565 

Roads  Acts  of  April  15,  '67,  and  April  8,  '69,  repealed  '83-21 

SALEM  TOWNSHIP— Separate  school  district  '39-604,  '49-529 

Election  of  Supervisors  '59-138,  '70-1268,  see  June  3,  '93-288 

School  district  enlarged  '72-281 

SAINT  CLAIR  TOWNSHIP— Hunting  deer  with  dogs  prohibited     '58-131 

School  loan  authorized  '68-743 

SCHOOLS— Dog  tax  appropriated  to  '73-655,  '78-67 

SEWICKLEY  TOWNSHIP— Election  of  officers  '35-56 

Additional  school  tax  '47-424 

School  loan  Act  of  April  9,  '67,  repealed  '70-867 

To  prevent  cattle,  etc.,  from  rimning  at  large  '73-565 

Roads  Act  of  April  3,  '67,  repealed  '76-200 


LIST  OF  SPECIAL  ACTS.  507 

Westmoreland  County — Continued. 

SHEEP— Protection  of  '67-691,  '68-403,  '78-67,  see  '01-56 

To  improve  the  breed  of  Ch.  4138,  '61-204 

SOMERSET  TOWNSHIP— Boundary  surveyed  Ch.  1980,  '65-755 
SOUTH  HUNTINGDON   TOWNSHIP— 

Polling  place  fixed  '44-79,  '62-239,  277 

Bounty  tax  authorized  '65-711 

Additional  Supervisors  authorized  '70-1020 

STATE  ROADS — Courts  may  locate  '55-313 

SULPHUR  SPRINGS  SCHOOL  DISTRICT  erected  '52-277 

SUPERVISORS— Pay  fixed.     See  Roads  '65-635 

Duties  of  '39-2 

SWAMPS— Drainage  of  '68-438 

SWINE                                          Act  of  March  27,  1784,  repealed  Ch.  62,  496 

TAX  COLLECTORS— Appointment  of  '60-166 

TAXES — See  Assessments — Road  Tax. 

TOWNSHIP  AUDITORS— Pay  fixed  '69-663 
TOWNSHIPS  to  repair  bridges  '53-483,  '72-1011 
TRESPASS  on  orchards,  etc.  '55-55,  234 
On  railroad  cars  '73-181 
UNION  SCHOOL  DISTRICT— Polling  place  fixed  '42-326 
Boimdaries  enlarged  '49-529 
UNITY  TOWNSHIP— Polling  place  fixed  '51-608 
Additional  Supervisors  authorized  '60-156 
Bounty  tax  authorized  '65-712,  '66-347 
Road  districts  to  be  equalized  '69-1068 
VIEWERS— Appointment  of                                       '44-137,  '53-482,  '54-553 
WASHINGTON  TOWNSHIP— Cash  road  tax  '58-261 
WEST  PINE  GROVE  Independent  School  District- 
Polling  place  fixed  '72-1010 
vVESTMORELAND  Coimty  Agricultural  Society  exempted  from  taxa- 
tion '68-716 
WET  LANDS— Drainage  of  '68-438 
YOUGHIOGHENY  SCHOOL  DISTRICT  authorized  to  subscribe  for 

Pennsylvania  Railroad  Stock  '53-134 


508  APPENDIX. 


WYOMING  COUNTY. 

Organized  from  part  of  Luzerne  County,  April  4,  1842,  P.  L.  222. 

ABBINGTON  TOWNSHIP— 

Attached  to  Nicholson  election  district  '42-335 

ASSESSMENT  and  collection  of  taxes  '43-21,  72,  '57-416,  '70-127 

ASSESSORS'  pay  fixed  '66-667 

Not  required  to  attend  elections  '44-220 

BRAINTRIM  Independent  School  District  erected  '69-233 

BRAINTRIM  TOWNSHIP— Part  of  Lenox  Road  Law  extended  to    '51-384 

BRIDGE  VIEWERS— Appointment  of  '64-69 

BRIDGES  Act  of  April  13,  '43,  repealed  '44-86,  '91-171 

Certain,  to  be  rebuilt  by  County  Commissioners  '46-289 

CLINTON  TOWNSHIP— Separate  election  district  '44-243 

Part  of  Lenox  Road  Law  extended  to  '51-334 

Polling  place  fixed  '52-421 

Bounty  tax  '66-725,  '67-773 

DOGS— Taxation  of  '65-128,  330,  '66-341,  '73-454 

EATON  TOWNSHIP— Collection  of  school  tax  '62-30 

Part  of  Lenox  Road  Law  extended  to  '51-384 

Cattle,  etc.,  prohibited  from  running  at  large  '73-'651 

John  Lee's  land  Act  of  April  4,  '64,  repealed,  '71-461 

Keelersburg  School  District  erected  '61 -'647 

ELECTIONS— Pay  of  officers  of.     See  Independent  District. 

Assessors  '44-79,  '45-122,  '73-651,  see  '01-398 

Holding  of  '51-334,  '52-420,  '68-729,  '72-522 

Act  March  30,  '66,  repealed,  '83-13 

EXETER  TOWNSHIP— Separate  election  district  '42-335 

Part  of  Lenox  Road  Law  extended  to  '51-384 

Cattle,  etc.,  running  at  large  to  be  treated  as  strays  '72-811 

FALLS  TOWNSHIP— Lenox  Road  Law  '51-384 

FORKSTONE  TOWNSHIP— Part  of  Lenox  Road  Law  extended  to    '51-384 

Polling  place  fixed  '51-40 

Hunting  deer  with   dogs   prohibited  '66-330 

INDEPENDENT  SCHOOL  DISTRICTS— 

Election  boards  to  be  paid  out  of  school  funds      '73-659,  see  '01-398 
KEELERSBURG  Independent  School  District  erected  '61-647 


LIST  OF  SPECIAL  ACTS.  509 

Wyoming  County — Continued. 

LEMON  TOWNSHIP— Polling  place  fixed  '50-69 

,    Part  of  Lenox  Road  Law  extended  to  '51-384 

Protection  of  fish  in  Brown's  pond  '70-169 

LYMANVILLE  Independent  School  District  erected  '70-1319 

MEHOOPANY  TOWNSHIP— Part  of  Lenox  Road  Law  extended  to  '51-384 
Polling  place  fixed  '53-10 

Bounty  tax  authorized  '69-608,  '71-317 

Soldiers'  property  exempted  from  bounty  tax  '70-127 

MESHOPPEN  TOWNSHIP— Polling  place  fixed  '54-194 

Bounty  tax  authorized  '63-87 

MONROE  TOWNSHIP— Part  of  Lenox  Road  Law  extended  to         '51-384 
Election  of  Supervisors  '45-357 

Poor  tax  on  unseated  lands  '73-263 

NICHOLSON  TOWNSHIP— Part  of  Lenox  Road  Law  extended  to      '51-384 
School  loan  authorized  '70-911 

First  Independent  School  District,  additional  tax  '70-911 

Boundaries  of  No.  2  Independent  School  District  enlarged      '68-265 

NORTHMORELAND  TOWNSHIP— Lenox  Road  Law  extended  to     '51-384 
Keelersburg  School  District  erected  '61-647 

School  tax  '62-30 

Land  of  John  Lee  Act  of  April  4,  '64,  repealed  '71-461 

Cattle,  etc.,  prohibited  from  running  at  large  '73-651 

OVERFIELD  TOWNSHIP— 

Protection  of  fish  in  Breeche's  Pond  '67-890,  '70-171 

OVERSEERS  OF  POOR— Pay  fixed  '71-1096 

POOR  MASTERS— Pay  fixed  '66-667 

ROAD  COMMISSIONERS— Pay  fixed  '67-456 

Act  of  April  13,  '43,  repealed  '44-86 

ROADS — See  Supervisors. 

Acts  of  March  4,  '50  and  April  8,  '51,  repealed  '54-179 
Construction  and  repairs  of  '44-86,  '46-231,  '91-171 

SHEEP — Dog  tax  for  the  preservation  of  '65-128,  330,  '73-454 

Acts  of  April  8,  '62,  and  February  10,  '65,  repealed  '66-341 

SOUTH  EATON  TOWNSHIP— 

Cattle,  etc.,  prohibited  from  running  at  large  '73-651 

SUPERVISORS— Pay  fixed  '66-'667,   '71-1096 

TAX  COLLECTORS— 

Appointment  of  Act  of  February  1,  '56,  repealed  '70-106 

TAXES— Assessment  and  collection  of  '43-21,  72,  '57-416,  '70-127 

TOWN  CLERK'S  pay  increased  '66-667,  '71-1096 

TOWNSHIP  AUDITORS— Pay  increased  '66-667,  '67-456,  '71-1096 


5IO  APPENDIX. 

Wyoming  County — Continued. 

TUNKHANNOCK  TOWNSHIP— Duties  of  Supervisors. 

Act  of  April  15,  '34,  repealed  '38-195 
Part  of  Lenox  Road  Law  extended  to  '51-384 

Election  of  additional  Supervisors  '58-290 

Two  additional  Supervisors  authorized  '58-290,  '66-513 

Cattle,  etc.,  prohibited  from  running  at  large  '67-99Q 

Powers  and  duties  of  Auditors  '68-845 

UNSEATED  LANDS— Sale  of  '57-416 

VIEWERS,  Bridge,  Appointment  of  '64-69 

WASHINGTON  TOWNSHIP— Lenox  Road  Law  extended  to  '50-122 

Polling  place  fixed  '53-167 

Bounty  tax  authorized  '65-100,  '71-162 

WEST  NICHOLSON  Independent  School  Districl^ 

Additional  tax  authorized  '71-970 

WINDHAM  TOWNSHIP— Polling  place  fixed  '50-114,  '54-247,  652 

Part  of  Lenox  Road  Law  extended  to  '51-384 


YORK  COUNTY. 

Organized  from  part  of  Lancaster  County,  August  19,  1749.     Ch.  377. 

ASSESSORS'  pay  fixed  '65-635 

Act  of  March  14,  '70,  repealed  '71-1013 

CANOE  TOWNSHIP— Polling  place  fixed  '53-416 

CARROLL  TOWNSHIP— Polling  place  fixed  '33-467,  '53-414 

Assessment  of  land  divided  by  borough  line  '52-581 

Pay  of  Supervisors  '69-783 

CHANCE  FORD  TOWNSHIP— Bounty  tax  authorized. 

See  Lower  Chanceford  '67-760 

CODORUS  TOWNSHIP— Election  of  Constables. 

See  North  Codorus  '26-61,  '73-173 

Collection  of  bounty  tax  '66-810 

Polling  place  fixed  '42-53 

Re-audit  of  bounty  accounts  '72-1041,  '73-178 

CONEWAGO  TOWNSHIP— Polling  place  fixed  '26-406,  '42-54,  '44-78 
Roads                                           Act  of  April  16,  '45,  repealed  '48-424 

DELINQUENT  TAXES— Penalty  on  '66-668 


LIST  OF  SPECIAL  ACTS.  5 II 

York  Coiinty — Continued. 
DIRECTORS  OF  THE  POORr- 

Election,  powers  and  duties  of        Ch.  2413,  '32-171,  '33-205,  '47-206 
May  bind  apprentices  Ch.  2413 

Not  to  sell  grain  or  provisions  '45-470 

Jfay  fixed  '49-321 

Authorized  to  sell  land  »26-321,  '38-24,  '50-380 

Accounts  of,  to  be  re-audited  '72-231,  833 

DOGS— Taxation  of  '36-305,  '57-179,  '59-104 

DOVER  TOWNSHIP— 

Election  of  Supervisors  Act  of  March  14,  '67,  repealed  '68-357 

DRAINAGE  of  wet  lands  '64-768 

ELECTIONS  regulated  '49-89,  '61-148,  '69-873 

FAIRVIEW    TOWNSHIP — Supervisors'  pay  fixed  '64-776 

Loan  authorized  '64-815 

Bounty  tax  authorized  '64-506,  '66-572,  '68-492,  637 

FENCES— To  prevent  destruction  of  '30-215 

FRUIT— Protection  of  '54-430,  '61-478 

GARDENS— Penalty  for  trespass  on  '54-430,  '61-478 

HANOVER  TOWNSHIP— Election  of  borough  officers  '53-101 

HEIDELBERG  TOWNSHIP— Polling  place  fixed  '61-157 

Tanbark  and  gravel  walks  '63-313 

HELLAM  TOWNSHIP— Separate  school  district  '38-594 

County  Commissioners  to  pay  school  teachers  '39-260 

Preservation  of  birds  and  game  '41-43 

Polling  place  fixed  '35-358,  '42-53 

Boundaries  extended  '59-216 

Bounty  tax  authorized  '64-1016 

Collection  of  taxes  Act  of  March  18,  '73,  repealed,  '76-205 

HOPEWELL  TOWNSHIP — Opening  and  maintenance  of  roads  '34-558 

Election  of  supervisors  '40-541,  '50-84 

Special  school  tax  authorized  '49-531 

Collection  of  school  tax  '51-4 

Bounty  tax  authorized  '65-112 

Pay  of  supervisors  Act  of  March  23,  '65,  repealed,  '69-788 

JACKSON  TOWNSHIP— Election  on  division  of  '55-370 

LAND,  wet,  drainage  of  '64-768 

LOWER  WINDSOR  TOWNSHIP— Bounty  tax  authorized  '65-303,  '70-1288 

MANCHESTER  TOWNSHIP— Polling  place  fixed  '42-127,  '53-427 

Election  of  township  officers  '43-377 

Election  of  supervisors  Act  of  March  14,  '67,  repealed  '68-357 

Surplus  bounty  to  school  purposes  '68-214 


512 


APPENDIX. 


York  County — Continued. 

MANHEIM  TOWNSHIP— Polling  place  fixed.     See  West  Manheim 

'52-127,  '54-49 

MONAGHAN  TOWNSHIP— Election  of  Supervisors  '44-331 

Elections  regulated  '34-480 

Polling  place  fixed  '36-704,  '44-245 

Opening  and  repair  of  roads  '52-70 

Payment  of  a  bounty  debt  authorized  '69-787 

NEWBERRY  TOWNSHIP— Repairing  and  opening  roads— bridges- 
index  boards  '36-321 
Pay,  election  and  duties  of  Supervisors                       '36-320,  '67-924 
Election  of  township  settlers  or  auditors  '40-96 
Election  of  treasurer                                                                         '66-654 
Regulating  roads                                                                                    '64-552 
Loan  authorized                                                                                  '64-815 
Bounty  tax  authorized                                                       '64-506,  '65-710 
Supervisors                                                                                          '67-924 
Audit  of  bounty  accounts                                                                 '68-944 
NORTH  CODORUS— Pay  of  supervisors  fixed                                       '70-308 
ORCHARDS— Penalty  for  trespass  on                                       '54-430,  '61-478 
OVERSEERS  OF  POOR  abolished                                                          Ch.  2413 
PARADISE  TOWNSHIP— Polling  place  fixed  '42-54 
Election  and  division  of                                                                 '55-370 
PAUPERS— Care  and  employment  of      Ch.  2413,  '32-171,  '33-205,  '47-206 
PEACH  BOTTOM  TOWNSHIP          Act  of  March  31,  '36,  repealed,  '44-409 
Term  of  Supervisors                                                                           '36-322 
Collection  of  school  tax  '52-34 
Dog  tax                                                                                                '57-179 
Sale  of  liquors  regulated                                                              '67-1035 
Cash  road  tax                                                                                   '67-1222 
Roads                                               Act  of  April  10,  '73,  repealed,  '89-6 
POOR  HOUSE— Erection  of                                       Ch.  2413,  '32-171,  '33-205 
ROAD  DAMAGES                                                                                         '60-268 
ROAD  VIEWS  AND  VIEWERS 

'55-313,  '60-61,  268,  '61-84,  '66-343, '70-228 

ROADS— Width  of  '42-193,  '63-81 

Maintenance  of  '48-206 

Opening  of— pay  of  viewers  '60-61,  268,  '61-84,  199,  205,  435,  '70-228 

Opening  of  may  be  decreed  by  court  '63-81 

SCHOOL  TAX— Collection  of  '72-1036 


LIST  OF  SPECIAL  ACTS.  513 

York  County — Continued. 

SHREWSBURY  TOWNSHIP— Supervisors  authorized  to  collect  road 

tax  '62-253 

Bounty  tax  authorized  '65-285 

SPRINGFIELD  TOWNSHIP— Hopewell  road  law  extended  to  '36-322 

Polling  place  fixed  '49-555 

School  district  diminished  '63-341 

SPRING  GARDEN  TOWNSHIP— Polling  place  fixed  '52-127 

Bounty  tax  authorized  '65-404 

Collection  of  '69-1007 

SUPERVISORS — Duties  of  in  relation  to  the  poor.     See  Roads       Ch.  2413 

To  repair  certain  bridges  '42-221,  '61-84,  205,  435 

Pay  fixed  '65-293,  635,  '70-429,  '71-1013 

SWAMPS— Drainage  of  '64-768 

TAX  COLLECTORS— Appointment  of  '60-167 

TAXES— Collection  of  '66-668,  '72-1036 

TOWNSHIP  AUDITORS— Pay  fixed  '67-370 

TOWNSHIPS  to  repair  bridges  '42-221,  '61-84,  205,  435 

TRESPASS  on  orchards,  gardens,  parks,  etc.  '54-430,  '61-478 

On  railroad  cars  '73-181 

VIEWERS  OF  BRIDGES,  appointment  of.     See  Road  Viewers 

'45-449,  '60-268 

Pay  of  fixed  '61-84,  199,  205,  235,  '60-61,  268,  '70-223 

WARRINGTON  TOWNSHIP— Bounty  tax  authorized  '67-1077 

WASHINGTON  TOWNSHIP— Sale  of  school  house  '54-683 

WEST  MANCHESTER  TOWNSHIP— Polling  place  fixed  '52-127 

WEST  MANHEIM  TOWNSHIP— Polling  place  fixed  '54-107,  '59-572 

Bounty  tax  authorized  '66-271,  '67-129 

WET  LANDS,  Drainage  of  '64-768 

WINDSOR  TOWNSHIP— Election  of  Supervisors— See  Lower  Windsor 

'33-76 

Polling  place  fixed  '40-338 

Election  of  Supervisors  Act  of  March  11,  '33,  repealed,  '36-249 

Bounty  tax  authorized  '65-135,  '68-493 

YORK  TOWNSHIP— Polling  place  fixed  '51-607 

Vacation  of  a  certain  road  '48-452 


ACTS   OF  ASSEMBLY  CITED. 


References 
Constitution,  1874. 

Section  7,  article     3             3 

Section  11,  article     5         130 

Section  2,  article     8           57 

Section  3,  article     8         130 

Section  8,  article  16         158 

1771,  March  9  '66 

1799,  March  1  128 

1799,  April  11  106 

1810,  March  20  244 

1834,  April  15, 

sec.  3  137 

sec.  4  137 

sec.  5  242,  247 

sec.  6  250 

sec.  7  250 

sec.  8  76 

sec.  9  76,  94 

sec.  11  78 

sec.  12  77 

sec.  13  3,  4,  20 

sec.  14  5,  8,  9,  11,  18,  20 

sec.  21  104 

sec.  23  78 

sec.  24  78 

sec.  25  178,  181,  183 

sec.  27  74,  179 

sec.  28  79,  178 

sec.  33  179 

sec.  34  105,  184 

sec.  36  180 

sec.  37  180 

sec.  38  180 

sec.  39  179 

sec.  41  105 

sec.  42  106 

33 


are  to  pages. 

1334,  April  15,  sec.  48  193 

sec.  50  104 

sec.  51  108 
sec.  81  70,  72,  84,  89,  109,  111 

sec.  83  86,  90,  120 

sec.  85  93 

sec.  86  73,  91,  111 

sec.  87  79 

sec.  88  73 

sec.  90  94,  .67 

sec.  92  95 

sec.  94  66,  94,  113 

sec.  95  85 

sec.  96  8'6,  167 

sec.  98  86 

sec.  99  110 

sec.  100  110 

sec.  101  110 

sec.  102  112 

sec.  103  117 

sec.  104  118,  119 

sec.  105  114 

sec.  106  120 

sec.  108  128 

sec.  110  129 

sec.  Ill  129 

sec.  112  128 

1835,  February  28  66,  70,  71,  84,  89, 

102,  106,  113,  180. 

April  28  79 

1836,  June  13  66 
sec.  1  197 
sec.  6  143,  201,  207 
sec.  8  205 
sec.  9  113 
sec.  10  2U9 


5i6 


ACTS  OF  ASSEMBLY  CITED. 


References   are   to   pages. 


1836, 

June  13.  sec.  18 

218 

1849, 

February  19 

220 

sec.  19 

218 

April  5 

131 

sec.  27 

208 

April  7 

37 

sec.  28 

157,  208 

April  10 

78 

sec.  29 

158,  208 

April  16 

134 

sec.  30 

158,  208 

1850, 

April  25 

75 

sec.  31 

231 

May  8 

134,  211 

sec.  32 

153,  218 

1851, 

April  3 

23,  25 

sec.  34 

144,  233 

April  14 

118 

sec.  35 

232 

1854, 

April  26 

11 

sec.  46 

234 

May  8 

38,  42,  46,  47 

sec.  61 

215 

1855, 

May  3 

218 

sec.  62 

216 

May  8 

39,  40,  42 

sec.  64 

240 

1856, 

April  21 

104 

sec.  '65 

217 

1857, 

March  11 

163 

sec.  66 

217 

March  14 

13,  14 

sec.  67 

213 

April  15 

13,  15,  16 

sec.  68 

216 

May  6 

90 

sec.  '69 

216 

May  20 

39,  43 

sec.  70 

240 

May  21 

112 

sec.  72 

240 

1858, 

April  21 

244 

sec.  73 

241 

1859, 

February  17 

il7 

sec.  75 

241 

April  13 

132 

1836, 

June  14 

247 

1860, 

March  16 

91,  92,  93 

1839, 

June  21 

131,  133,  135 

March  29 

179 

July  2 

71,  135,  136 

March  31 

86,  94,  140,  165 

1840, 

April  11 

132 

1861, 

May  1 

22 

June  13 

133,  135 

1862, 

April  11 

47,  51,  106 

July  14 

130 

1863, 

March  19 

154 

1841, 

May  15 

74,  V8 

April  4 

154,  155 

1842, 

March  4 

72 

1864, 

March  18 

240 

March  8 

39 

March  25 

145 

May  11    120, 

121,  122,  123 

March  31 

25,  181,  247,  248, 

July  11 

75,  131 

249 

July  27 

77 

April  14 

248 

1843, 

April  13 

236 

April  16 

154 

1844, 

April  19 

225 

May  4 

154 

May  6 

119 

August  22 

248 

1845, 

March  20 

217 

August  25 

145 

April  15 

134 

1866, 

April  12 

22 

1846, 

April  21 

134 

May  1 

145 

April  22 

74,  105,  107 

1867, 

March  16 

225 

May  9 

31 

March  2'6 

108 

1848, 

March  30 

209,  210 

1868, 

April  6 

227 

April  11 

104,  238 

April  28 

78 

ACTS  OF  ASSEMBLY  CITED. 


517 


References   are  to  pages. 


1869 

February 

23 

39 

1881 

,  June  29 

130 

April  15 

226, 

234,  235 

1883 

June  1 

75 

1370 

February 
April  5 

18 

154 
155,  226 

June  2 
June  4 

162 
66,  113 

1871; 

May  9 
March  10 
May  19 

155 

154 
154 

1885 

April  24 
May  29 
June  3 

95 

1(52 

100,  108 

June  15 

155 

June  24 

58,  59,  60,  61 

1872, 

March  19 

154 

June  24 

69 

1874, 

January  30  64 

131, 

135,  136 

June  25 

95,  93,  99, 

100,  101, 

February 

13 

131 

102,  10: 

5,  104,  105, 

107,  144, 

April  20 

168, 

169, 

173,  174, 

162,  179,  183,  193, 

230 

176 

June  30 

217 

April  24 

112,  117 

1887, 

April  13 

79,  80 

April  29 

163 

May  13 

191 

May  14 

58,  211 

May  24 

20,  142, 

167,  212 

May  19 

133 

May  24 

181 

June  13 

153 

May  24 

80 

1875, 

March  10 
March  18 

71 

,  72,  128 
219 

May  25 
June  1 

< 

232,  235 

27,  53,  56 

April  12 

176 

June  2 

162, 

163,  225 

1876, 

March  31 

112 

1889, 

February 

14      72,  79,  80 

April  17 

45 

February 

14 

127,  129 

April  28 

144,  230 

April  4 

122 

May  1 

113 

April  19 

77 

May  2 

222 

May  4 

120 

May  5 

238 

May  7 

227 

May  8 

69,  199 

May  8 

73,  211 

May  18  57,  53, 

61,  62,  63,  64  | 

May  9 

147 

1877, 

March  22 

130, 

132,  133 

May  14 

95,  159 

March  23 

132, 

246,  250 

May  16 

163 

1878, 

May  18 

69 

May  23 

28 

May  23 

221 

1891, 

May  1'6 

151 

May  24 

76 

June  2 

46,  107 

May  25 

99, 

183,  214 

June  8 

102,  145 

June  12 

23,  24 

June  9 

149,  191 

1879, 

May  2 

137 

Jime  9 

149 

May  13 

17,  18,  30  1 

June  9 

170,  172 

June  4 

■67,  68,  71, 

72,  112, 

Jime  16 

73,  79,  80,  238 

128 

June  19 

135 

June  11 

233 

1893, 

April  26 

244 

1881, 

April  14 

174 

May  10 

113,  149 

June  8 

45,  238 

May  13 

64 

t,  65,  136 

June  18 

113 

May  25 

192 

June  27 

66 

May  26 

183 

5i8 


ACTS  OF  ASSEMBLY  CITED. 


References  are  to  pages. 


1893,  June  3  19,  20 

June  6  98,  99 

June  8  247 

June  12  131,  132,  135,  151, 

172,  188,  190,  191,  192,  212 

1895,  April  18  173,  174 

May  8  27 

May  16  81 

May  21  159 

May  22  105,  185 

June  3  239 

June  18  156 
June  24   47,  49,  53,  55,  149 

June  25  103,  166,  194 

June  25  187 

June  26  64 
June  26  127,  129,  166,  219, 

222,  227 

July  2  99,  163 

1897,  February  25  192 

1897,  March  30  124 

April  13  169 

April  20  74 

April  24  187 

May  5  80,  13(5 

May  6  239 

May  11  103,  173 

May  12  44 

May  16  215 

May  19  136,  176 

May  25  176 

June  18  126 

June  19  68 

June  23  176,  191 

June  23  89 

July  9  103,  194,  234 

July  12  81 

1899,  March  1  174,  175 

March  22  125 

March  29  103 
April  11   127,  156,  227,  229 

April  13  23T 

April  19  238 

April  28  247 

April  23  126 


1899,  April  28   32,  36,  70,  72,  82, 

83,  88,  89,  97,  109,  111,  137, 

142,  146,  147,  148,  149,  150, 

153,  156,  166,  168,  193,  195, 

209,  213,  225,  227,  228,  232, 

243,  261 

May  2        149,  197,  214 

May  9  79,  80 

1901,  February  13       172,  176 

February  25  56 

March  27  103 

April  11  149,  188 

April  19   151,  172,  176,  194 

April  24  186 

May  1  219 

May  2  216 

May  11   21,  30,  32,  34,  90, 

148 
May  16  23 

May  21  210,  235 

May  23  239 

May  24    36,  153,  157,  188, 

195,  212,  228. 
June  4    97,  176,  194,  229 
June  7   159,  195,  205,  219, 

220 
June  10  147,  150,  151 

June  14  149 

June  19  204 

June  26  77 

July     2         187,  196,  197,  214 
July     9  146,  148,  239 

July  10  210,  226 

July  11  81 

1903,  February     5  46 

February  13  103 

March     5  69 

March  11  129 

March  19  247 

March  27  235,  232 

March  28  232 

April     3  54,  211 

April  11  240,  243 

April  14  65 


ACTS  OF  ASSEMBLY  CITED. 


519 


References   are  to  pages. 


19C3,  April  15 

84, 

88, 

136, 

222 

1903, 

April  23     72,  74,  78, 

167,  172 

224,  225 

261 

April  20 

66, 

223 

April  23  84,  88,  150, 

176,  177, 

April  21 

236, 

239 

193,  212,  223,  234 

228,  234 

April  22 

192 

April  25 

29 

April  22 

52 

April  23 

27 

April  23 

44 

TABLE   OF   CASES   CITED. 


Abington  Road 
Abington  S.  D.,  In  re 

47,  48,  50,  51,  52 
Adams  vs.  Sweden  Township 
Ahl  vs.  Gleim  166 

Alba  Township,  In  re  13 

Alderfer  vs.    Snyder  185 

Aleppo,  App.  of  S.  D.  of 

48,  49,  50,  51 
Aliquippa,  Petition  of  Sch.  Di- 
rectors of  the  Borough  of   49 
Allegheny  Co.  Constables  127 

Allen  vs.  East  Buffalo  Twp.  259,  262 
vs.  Warwick  Twp. 

265,  266,  269,  271 
Alliance  Borough  3'6 

Allison  vs.  Juniata  Co.         243,  245 
American  Road  Machine  Co.  vs. 
Washington  Township 

138,  142 
Ammerman  vs.  Coal  Twp, 

256,  267,  269 
Anderson's  Appeal  119,  141 

Anderson   vs.    Hamilton   Town- 
ship 242 
Appeal,  Anderson's                 119,  141 
Banger's  77 
Beechwood       Improvement 

Co.'s  78 

Brennan's 

86,  95,  108,  118,  119,  183,     186 
Cassell's  75 

Darby  Borough  S.  D.'s      50,  54 
Barley's  r65 

Gauge  were's  119 

Harrison's  Township's  141 


PAGE 

PAGE 

199 

Appeal,  Hibberd's 

205 

Howard's 

173 

1,  52 

Hower's 

247 

147 

Kugler's 

15 

Lehigh  Coal  &  Navigation 
Co.'s 

168,  181,  182,  247,  248,  250 
Lehigh   Valley    Coal    Com- 
pany's 188 
of  S.  D.  of  Aleppo 

48,  49,  50,   51 
Phila.    &   Reading   Coal   & 

Iron  Co.'s  36 
Plains  Township's  77,  180,  182 
Rice's  92 
Rich's  75 
Sterling's  162 
Stolpe's  94,  114,  246 
Swatara  Twp.  School  Dis- 
trict's 98,  100 
Township    of    North    Man- 

heim's  157 

Vandegrift's  134 

Wolf's  3 

Armitage  vs.  Crawford  County  230 

Arthur  vs.  Polk  Borough  School 

District  75 

Assessors'  Case  73 

Assessors,  In  re  Pay  of  81 

Asst.  Assessors  No.  1  73 
Asst.  Assessors  No.  2                73,  80 

Asst.  Assessors  Case  73 
Aston  Twp.  vs.  Chester  Creek  R. 

R.  Co.  252,  270 

vs.  McClure                      252,  255 

Athens  Borough  vs.  Casraer  204 

521 


522 


TABLE  OF  CASES  CITED. 


PAGE 

Auditors  vs.  Frederick  92 

Austin  Mfg.  Co.  vs.  Ayr  Twp. 

138,    143 

Baer  vs.  Weaver  115 

Bailey  vs.  Brown  Twp. 

256,  264,  268,  270,  272 
vs.  Jefferson  To^vnship  244 

Baker  vs.  County  of  Warren  124 
Banger's  Appeal  77 

Banks  Township  vs.  Frey  et  al.  85 
Barnett  Township  vs.  Jefferson 

County  23,  180 

Barrett  vs.  Plymouth  Twp. 

96,  116,  245,  246 
Batten  vs.  West  Brandywine 

140,    143,   207 
Battis  vs.  Price  132 

Bausman  vs.  Lane.  County  75 

Bean's  Road  201 

Bear  vs.  Eshleman  98 

Bearce  vs.  Fairview  Twp  138,  145 
Beardslee  vs.  Columbia  Twp.  260 
Beaver  Falls  Nomination  129 

Bedford  &  Stoystown  Turnpike 

Bridge  237 

Beechwood    Improvement   Co.'s 

Appeal  78 

Beeler's  Road  203 

Beer  vs.  Clarion  Twp.  268 

Beigh's  Road  200 

Benjamin    Borough    Incorpora- 
tion 226 
Bennethum  vs.  Eckert  75 
Bennett  vs.  Hunt  98 
Benton  Township  vs.  Kennedy      202 
Berks    and    Dauphin    Turnpike 
Road  vs.  Lebanon  Steam 
Co.                                          163 
County    vs.    Reading    City 
Pass.  Ry.  Co.                       161 
Bern,  In  re  Township  of            58,  59 
Bethel  Township                            6,  7 
Bilger  vs.  Townsh'ip  95 
Billman  vs.  Carroll  Twp.  Super- 
visors                           232,  248 


Birmingham       Township        vs. 
Brandywine  Summit 

Kaolin  Co.  183 

Bishop  vs.  Schuylkill  Township 

252,  255,  264 
Bitting  vs.  Commonwealth  98 

vs.  Maxatawney  Twp. 

254,  266,  267 

Black  vs.  Boyd  185 

Blanchard   vs.    Tioga   Improve- 
ment Company  181 

Bloomsburg  Town  Election  173 

Bloomsburg     and     Scott     Twp. 

Road  200 

Boggs  Township,  In  re 

59,  60,  61,  62,  63 
Bohan  vs.  Pittston  Twp.  138 

Bongard's  Petition  127 

Bonner  vs.  Foster  Twp.  249 

Bonsall  Avenue  201 

Book  vs.  Penna.  R.  R.  Co.  237 

Boone  vs.  East  Norwegian  Twp. 

254,  258,  264 
Boreland  vs.  Washington  106 

Bouck  vs.   Supervisors  of  Kit- 
tanning  104 
Bradford  City  vs.  Penna.  &  U 

Y.  Tel.  &  Tel.  Co.  162 

Braintrim  Ind.  S.  D.  39,  43 

Breich  vs.  Brennan  183,  186 

Brendlinger    vs.    New   Hanover 

Twp.  254,  265,  266,  268 

Brennan's  Appeal 

86,    95,    108,    118,    119,    183, 
186 
Brewer  vs.  Sullivan  Co.  204 

Bridgeport  &  U.  C.  T.  Road  219 

Brinker  vs.  Northampton  Co.        81 
Brodhead     vs.     Lower     Saucon 
Township  Supervisors 

198,  200 


TABLE  OF  CASES  CITED. 


523 


PAGE 

Brown  vs.  Ind.  S.  D.  43 

vs.  Rush  Township 

182,  243,  245,  248 

vs.  White  Deer  Twp  96,  114,  246 

Brunott  vs.  McKee  128 

Bryn  Mawr  Trust  Co.  83 

Water  Co.  vs.  Lower  Mer- 

ion  Twp.  163 

Bucks  County  Eoad  200 

Buckwalter        vs.        Lancaster 

County  98,  107 

Burrell  Twp.  Constable  128 

Twp.  vs.  Uncapher  256,  259,  269 
Butler  Tvqi.   S.  D.  vs.   Gordon 

S.  D.  48,  49,  50 

Cage  vs.  Franklin  Twp.        253,  264 
Calder  vs.  Chapman  202,  203 

Carbondale,    Township    of,    vs. 

Bonner  115 

Twp's  Petition  20 

Card  vs.  Columbia  Twp. 

256,  260,  263 
Carney  vs.  Wheatfleld  Twp. 

96,  116,  246 
Carr's  Case  129 

Cass  Twp.,  Tax  in  248 

Cassell's  Appeal  75 

Catawissa  Twp.  Road  200 

Catharine       and       Frankstown 

Twp.  6 

In  re  10 

Cawley,  In  re  Appointment  of      147 
Central    School    Supply   House 
vs.  South  Middleton  Twp. 
School  Board  244 

Chanceford  Twp.  vs.  Craley 

93,  118,  181 
Chartiers      Township       Public 

Road  198 

Twp.  vs.  Langdon  227,  261 

Twp.  vs.  Phillips 

254,  263,  264,  265 
Chartiers  and  Robinson  Turn- 
pike Road  Co.  vs.  Nester 

227,  261 


PAGE 

Cheltenham  Twp.  Road  218 
Childs  vs.  Brown  Twp. 

133,  140,  143,  184,  231 

Church  Road  211 

Clark  vs.  Commonwealth  203 

Clay  Township,  Division  Line  of     5 
etc.,  T^vps.,  In  re  14,  20 

Clearfield  Ind.  S.  D.  40 

Climax  Road   Machine   Co.   vs. 

Allegheny  Twp.  138,  143 

vs.  Corydon  Twp.  138,  142,  143 
Clinton    County    Triennial    As- 
sessments 74 
Closser  vs.  Washington  Twp. 

256,  260,  264,  271 
Clough  vs.  Shreve  172 

Clulow  vs.  McClelland  217 

Coal  Co.  vs.  Kelley  185 

Collector's  Bond,  In  re  98 

Colvin  vs.  Beaver  45,  58 

Commonwealth  vs.  Allen  217 

vs.  Allis  36,  100,  115,  116 
vs.  Auditors  of  Middletown 

112,  117 
vs.  Ayers  30 

vs.  Baker  31,  193 

vs.  Benfield  127 

vs.  Betts  213 

vs.  Billheimer  215 

vs.   Bitting  249 

vs.  Blackley  35,  36,  84 

vs.  Carson  31,  86 

vs.  Cassatt  201 

vs.   Coleman  73 

vs.  Colley  Township  245 

vs.  Colley  Township  Super- 
visors 247 
vs.  Comer  114 
vs.  Commissioners  of  Alle- 
gheny Co.  164 
vs.  Commissioners  of  Mon- 
roe Co.                          232,  238 
vs.  Cornelius  73 
vs.   County   Commissioners 
of  Northampton  Co.            237 


524 


TABLE  OF  CASES  CITED. 


PAGE 

Commonwealth  vs.  Crane  184 

vs.  Dauphin  Co.  Com.  99 

vs.  Deuel  104 

vs.  Dicken  204 

vs.  Doverspike  84 
vs.  Doylestown  Supervisors 

201,  248 
vs.  Fehr  201 
vs.  Farrell  103,  104,  106 
vs.  Frutchey  93 
vs.  Fullerton  4 
vs.  Gilligan  56 
vs.  Green  73 
vs.  Gregory  74,  80 
vs.  Grove  202 
vs.  Gruver  100,  116,  242 
vs.  Guthrie  56 
vs.  Holland  201 
vs.  Huffman  98 
vs.  Jackson  157,  204 
vs.  Jimison  99 
vs.  Johnson  201,  202,  218,  249 
vs.  Joyce  114,  ir6,  117 
vs.  Judges  14 
vs.  Killinger  231,  232,  248 
vs.  Knettle  101 
vs.  Lackawanna  Co.  98 
vs.  Lindenmoyer  99 
vs.  Loomis  235 
vs.  Lyter  98,  101 
vs.  McAndrews  100 
vs.  McComsey  89,  90 
vs.  McCullough  100,  106 
vs.  Marshall  157,  204 
vs.  Miller  106 
vs.  Miltenberger  218 
vs.  Moore  218 
vs.  Murphey  109 
vs.  Norton  85,  249 
vs.  Oberdorfer  202 
vs.  O'Day  249 
vs.  Philadelphia  247 
vs.  Philadelphia  Commis- 
sioners 249 
vs.  Penna.  R.  R.  247,  248 
vs.  Piroth  100,  242 


Commonwealth  vs.  Pittsburg 

164,  165 
vs.  Plymouth  Twp.  157 

vs.  Plymouth  Twp.         200,  204 
vs.  Raudenbush  134 

vs.  Reiter  201,  221 

vs.  Reno  132 

vs.  Rooney  34,  36 

vs.  Ruddle  203 

vs.  Scanlan  115 

vs.  Seheckler  98 

vs.  School  Directors  76 

vs.  Scott  107 

vs.  Shoemaker  204 

vs.  Smith  229 

vs.  Smythe  93,  114,  242 

vs.  Snyder  130 

vs.  Stambaugh  99,  104 

vs.  Stofer  115 

vs.  Summerville  67 

vs.  Supervisors  of  Swatara 

Township  235 

vs.  Swab  98 

vs.  Swatara  Twp.  233 

vs.  Swatara  Twp.  Supervis- 
ors 235 
vs.  Sweigart      93,  114,  116,  192 
vs.  Thompson 

202,  221,  243,  247,  249 
vs.  Upper  Darby  Auditors  112 
vs.  Upper  Darby  Township 

Auditors  248 

vs.  Walton  165 

vs.  Weir  172 

vs.  Wlieelock  75 

vs.  Wunch  98 

vs.  Wyoming  County  Com- 
missioners 75 
ex  rel  vs.  County  Commis- 
sioners                                  237 
ex    rel    Leslie    vs.    County 

Commissioners  79 

ex    rel    Rawle    vs.    Colley 
Twp.  139 

Comrey  vs.  East  Union  Town- 
ship 220,  244 


TABLE  OF  CASES  CITED. 


525 


Conley  et  al.  vs.  School  Direc- 
tors of  West  Deer  T^vp       38 
Conneaut  Township,  in  re 

6,  10,  11,  13,  15 
Conrad  vs.  Upper  Augusta  Twp.  267 
Conshohocken  Ry.  Co.  vs.  Penna. 

R.  R.  161 

Constable's  Bond,  in  re  Appro- 
val of  128 
Constables,    In    re    Commence- 
ment of  Term  of  123 
Cook  vs.  Deerfield  Township  203,  204 
Cooney  vs.  Norwegian  Twp.  143 
Cooper  vs.  Lampeter  Township    231 
&      Grove     vs.      Lampeter 
Twp.                       137,  138,  144 
Corbalis  vs.  Newberry  Twp. 

258,  265,  272 
Coulter  vs.  Pine  Twp  267,  271 

Coxe's  Case  141 

Coxe  vs.  Sweeney  186 

Crawford  vs.  Commissioners  34 

Crescent  Twp.  vs.  Anderson 

258,  269 

Case  34 

Road  201 

Cresswell  vs.  Montgomery  185 

Cumru  Township  vs.  Directors 

of  the  Poor  of  Berks  Co.    184 
Cunningham  vs.  White  75 

Curtin    and    Boggs    Townships 

Road  199 

Dailey  vs.  Wilkes-Barre  Twp.       191 
Dallas    Borough,    In    re    Boun- 
dary Line  of  5,  7,  19 
Dalton  vs.  Upper  Tyrone  Twp. 

252,  258,  272 
Darby  Borough  S.  D.'s  Appeal 

50,  54 
Darby  Twp.  Supervisor  91 

Darby  and  Collingsdale  S.  D., 
In  re  Division  of  Indebt- 
edness of  53 
Darby  and  Sharon  Hill,  In  re 

School  Dist.  of  53,  54 


PAGE 

Dauphin  Borough  Constable         129 
County,  In  re  District  At- 
torney of  57,  135 
Davis,  In  re  129 
vs.  Snyder  Twp.      251,  256,  259 
Dean  vs.    New  Milford    Town- 
ship                      251,  252,  269 
Delaware  &  Hudson  Canal  Co. 

vs.  Higgins  181 

vs.  Walker  180 

vs.  Walsh  75 

Dempster    vs.  United  Traction 

Company  36,  161 

Derry  Twp.  Road  200 

Dilley  vs.  Luzerne  County  80 

Disbrow  vs.  Ulster  Twp.  271 

District  Attorney,  In  re  63 

Dixon  vs.  Butler  Twp. 

254,  260,  264,  266 
Dolan    et    al.    vs.    Lackawanna 

Twp.  S.  D.  51 

Donahoe  vs.  Johnson  130 

Dougherty     vs.     Upper     Allen 

Township  Supervisors        237 
Doulan's  Case  64 

Dunbar  Township  Road        200,  201 
Dull  vs.  Ridgway  139,  142 

Dunne  vs.  Degan  180,  181 

Dyer  vs.  Covington  Township 

93,  96,  114,  242,  245 
Earley's  Appeal  jl65 

East  Avenue,  Widening  of  211 

East  Cocalico  Twp.  vs.  Swigart      93 
East  Penn  Township  Road  193 

East  Union  Township  vs.  Com- 

rey        206,  220,  221,  243,  244 
vs.  Ryan  220,  221,  245 
Easton  vs.  Lerch  76 

Easttown  S.  D.,  In  re  45 

Edge  vs.  Commonwealth      201,  202 
Eisenhart  vs.  Hykes  243 

Election,  In  re  98 

Officers,  In  re  98,  i35 

Electric  Ry.  Co.    vs.    Turnpike 

Co.  r61 

Elk  Township,  In  re  45 


526 


TABLE  OF  CASES  CITED. 


Elk  Twp.  School  District,  An- 
nexation to  9 
Elkin  vs.  Potter   County  Poor 

District  67 

Ephrata       Township        School 

Board  vs.  County  107 

Erie  County  vs.  Commonwealth 

237,  238 

Eshleman  vs.  Martic  Twp.  138,  154 

Evans  vs.  Jayne  122 

vs.   Phillipi  98 

vs.  Willistown  Township       172 

vs.  Witmer  98 

Ewing  vs.  North  Versailles         255 

Exeter       and.      Northmoreland 

Township  Line  8,  12,  21 

Ferguson  vs.  Moore  184 

Finnegan  vs.  Foster  Twp.     257,  269 
Flannigan      vs.      Wilkes-Barre 

Township  191 

Ford  vs.  Roulet  Twp.  258,  261 

Forestry  Case  124 

Forks  Twp.  vs.  King  266,  268 

Foster  Twp.,  In  re  85,  93,  183 

Foxburg  Ind.  S.  D.  41,  43 

Francis  vs.  Franklin  Township 

237,  257,  270 
Frankford  Township  Road  198 

Franklin      Twp.,     Independent 

School  District  in  40,  41 

Frederick  vs.  Com.  98 

French     Creek     Township     vs. 

Moore  186 

Friend  vs.  Pittsburgh  245 

Frost  vs.  Scott  197 

Fry  vs.  Perkiomen  Twp.       253,  2<55 
Funk  vs.  Washington  Twp.  141 

Furniss  vs.  Furniss  203,  204 

Fyan  vs.  Rainsburg  Borough       170 
Gangewere's  Appeal  119 

Garman  vs.  Carroll  Twp.  248 

vs.     Carroll     and     Spring 
Twps.  232 

Garrard    vs.    County    of    Alle- 
gheny 244 


PAGE 

Gibbons  vs.  Kingston  Twp.  271 

vs.  Sheppard  64 

Gilberton,    In    re    Petition    of 

School  Board  of        48,  49,  50 
Glaub  vs.  Goshen  Township 

255,  2'66,  270 
Glenn  vs.  Commonwealth 

157,  200,  204 
Glover  vs.  Wilson  101 

Goodman  vs.  Coal  Twp  270 

Gouldsboro    Borough    vs.    Cool- 

baugh  Township  233 

Graham,  In  re  Petition  of  134 

Granahan,  In  re  '84,  92 

Gray  vs.  North  Versailles  Twp. 

203,  204,  205 

Green  Twp.  9,  11 

Case  of  6 

Constable  129 

Greene  and  Guilford  Townships, 

Road  in  197 

Greenwood  Township  5,  13 

Ind.  S.  D.  43 

Gregg  Twp.  vs.  Jamison       140,  145 
Gring  vs.  Burkholder  104 

Habecker  vs.  Lancaster  Twp.       264 
Hager  vs.  Wharton  Twp. 

253,  257,  258,  260 
Hain  vs.    Lebanon  &  Annville 

St.  Ry.  Co.  160 

Haines  vs.  Barclay  Twp.  259 

Hale  vs.  Butler  28 

Halsey  vs.  Denison  Twp.  244 

Hamiltonban   To\vnship  Super- 
visors 201 
Hannick's  Bond,  In  re  98 
Harding  vs.  Repp  76 
Harrisburg  vs.  Bank                      171 
&  Cornwall      Turnpike,    In 
re  Condemnation  of            225 
Harrison  Township                      6,  10 
Township's  Appeal                  141 
Harrisville  Bor.  Ind.  S,  D.  43 
Harshman  vs.  Dunbar  Twp. 

139,  140,  142 
Hart  vs.  Tioga  County  124 


TABLE  OF  CASES  CITED. 


527 


PAGE 

Hartman  vs.  Hellam  Twp.  208 

Hatfield       Twp.       Independent 

School  Dist.  40,  41 

Haverford    Electric    Light    Co. 

vs.  Hart  163 

Hazle  Twp.,  In  re  141 

vs.  Marlde  116 

Hector  Township  Eoad  201 

Hedricks  vs.  Schuylkill  Twp 

259,  272 
Heidler's  Petition  45 

Heisey  vs.  Rapho  Twp.  253,  201,  267 
Heister  vs.  Fawn  Twp.  255,  264 

Henderson     and     West     Town- 
ships, In  re  10 
Hershey   vs.    Commissioners   of 

Millcreek  Twp.  256 

Hibberd's  Appeal  205 

Highway  Tax  Rebate  i87 

Hilbert  vs.  North  Codorus  Twp.  250 
Hilbish  vs.  Catherman  166 

Hill  vs.  Tionesta  Twp. 

2C5,  266,  269,  272 
Hitchcock  vs.  Amity  T^vp.  257,  267 
Hogan  vs.  West  Mahanoy  Twp. 

256,  267 
Holden  vs.  Cole  203,  204 

Hoover  vs.  Reap  105,  249 

Hopewell  Twp.  vs.  Putt  140,  143 

Houston  Twp.,  Overseers  of,  vs. 

Overseers  of  Benezette  Twp.     133 
Howard's  Appeal  173 

Howe     vs.     Commissioners     of 

Crawford  Co.  236,  237 

Hewer's  Appeal  247 

Hughes  vs.  Kline  77 

Humer  vs.  Cumberland  County    131 
Hummel's  Petition  184 

Humphreys  vs.  Armstrong  Co.     267 
Hunlock  vs.  Jones  42 

Huntingdon  Twp.  Ind.  S.  D.  41 

Huntingdon  Twp.,   In  re  Elec- 
tion District  in         59,  60,  62 
Hutchinson  vs.  Clay  Township     153 
Huth's  Case  133 

Ide  vs.  Lake  Twp.  259,  261,  266 


Indiana  County  vs.  Agricultural 

Society  165 

Independent  School  District  41 

In  re  Abington  S.  D.    47,  48,  51,  52 

Alba  Township  13 

Appointment  of  Cawley         147 

Approval     of     Constable's 

Bond  128 

Boggs  Township 

59,  60,  61,  62,  63 
Boundary    Line    of    Dallas 

Borough  5,  7,  19 

Catharine  and  Frankstown 

Township  10 

Clay,  etc.,  To^\^lships  14,  20 

Collector's  Bond  98 

Commencement  of  Term  of 

Constables  128 

Condemnation     of    Harris- 
burg    &    Cornwall    Turn- 
pike 225 
Conneaut  Township 

6,  10,  11,  13,  15 
Contested  Election  of  Martz  '39 
Davis  129 

District  Attorney  63 

of  Dauphin  County      57,  135 
Division  of  Indebtedness  of 
Darby     and     Collingdale 
S.  D.  53 

Division  of  Jackson  Town- 
ship 63 
Juniata  Township             12,   13 
Nescopeck  Twp.                  59,  62 
North  Whitehall  Township, 

7,  14 
Plum  Township  6,  7,  15 

Upper     Sa,lford     Township 

5,  8,  9,  10,  14 
Easttown  S.  D.  45 

Eighth  Ward  of  Norristown    58 
Election  98 

Election  District  in  Hunt- 
ingdon Twp.  59,  60,  62 
Election  Officers  98,  135 
Elk  Twp.  S.  D.  45 


528 


TABLE  OF   CASES  CITED. 


PAGE 

In  re  Foster  Township 

85,  93,  133 

Granahan 

84,  92 

Hannick's  Bond 

98 

Hazle  Twp. 

141 

Henderson  and  West  Town- 
ships 10 
Indebtedness       of      Marcy 

Township  181,  248 

Indebtedness       of       Sugar 

Notch  Borough  107 

Jenkintown  S.  D.  47,  48,  49,  51 
Lackawanna  Township  182 

Line     Between     Salisbury, 

etc.,  Twps.  18 

McKenzie's  Election  135 

Marcy  Township  Indebted- 
ness 183,  191,  .247 
New  Garden  Election  Dis- 
trict 58,  62 
Northern  Home  for  Friend- 
less Children  165 
Norwegian  Township,     7,  8,  20 
Paradise  Twp.  9 
Pathmaster's  Accounts           113 
Pay  of  Assessors                      81 
Petition  of  Graham                134 
Petition    of    School    Board 

of  Gilberton  48,  49,  50 

Plunkett's  Creek  T\vp.       11,  18 
Polling  Place  65 

Roads       in       Londonderry 

Township  219 

Roaring  Brook  S.  D.  47 

Roaring    Brook    Township 

Road  201,  202 

School    District    in    Marcy 

Twp.  38 

of  Darby  and  Sharon  Hill 

53,  54 
of  Luzerne  Borough  47,  50,  54 
Sewickley  Township  7 

South  Covington  S.  D.  Ind.    47 
Supervisors  89 

Thirtieth  Election  Division 

59,  60 
Township  of  Bern  58,  59 


In    re    Washington    and    War- 
rington Twp.  8 
White  Clay  Creek  Bridge     238 
Widening  of  Merion  Avenue  211 
Wilkes-Barre  Township         181 
Windsor  Township  8 
Isensee  vs.  Shaler  Twp.                 154 
Jackson   Township,    In    re   Di- 
vision of                                  63 
vs.  Wagner                      254,  263 
James  vs.  Fell  Twp.  Poor  Board  245 
Jayne  vs.  Smith                      120,  121 
Jefferson  Township  School   Di- 
rectors                                  248 
Jenkins    Township    vs.    Yates- 

ville  25 

Jenkintown  S.  D.,  In  re 

47,  48,  49,  51 
Jenks  Township   Poor   District 
vs.     Sheffield     Township 
Poor  District  67 

Johnstown  &  S.  L.  Turnpike 
Co.  vs.  Johnstown  Pass. 
Ry.  161 

Juniata  Township,  In  re  Divis- 
ion of  12,  13 
vs.  Reamer's  Exr.  145 
Justices  of  the  Peace  132 
Appointments                            133 
Commission  of                         133 
Keasy  vs.  Bricker                            248 
Keim  vs.  Devitt  93 
Keiser  vs.  Commissioners              238 
Keller  vs.  Hoffman                          130 
Kelley  vs.  Mayberry  Twp 

255,  269,  271 
Kelly  vs.  Commonwealth  157,  216 
Kemmerer  vs.  Foster  Twp. 

102,  103,  186 
Kennedy  vs.  Scranton  192,  249 

Kingston  Twp.  vs.  Gibbons  258,  267 
vs.  Luzerne  Borough  26 

Kitchen  vs.  Smith  179 

vs.  Union  Twp.  259 

Kittanning  Borough  vs.  Mast     191 
Kleckner  vs.  County  of  Lehigh    244 


TABLE  OF   CASES  CITED. 


529 


Knowles  vs.  Penna.  R.  R. 
Koller's  Petition 
Kriebel  vs.  Malsberger 
Kugler's  Appeal 
Lackawanna  Township,  In  re 


PAGE 

157 

127 

188 

15 

132 


Lagrange  vs.  Ind.  S.  D.  43,  44 

Laird  vs.  Greensburg  Bor.  170 

Lamoreux  vs.  Luzerne  County  158 
Lancaster  vs.  Kissinger  2G8 

Avenue  Improvement  Com- 
pany vs.  Humphreys  154 
Co.  vs.  Bare  76 
Langdon    vs.   Chartier's  Town- 
ship                              227,  261 
Lansdowne    vs.    Upper    Darby 

Township  24 

La  Plume  Borough  vs.  Gardner  75 
La  Porte  Twp.  Polling  Place  60,  61 
Larimer  vs.  Pitt  Township  186 

&  L.  St.  Ry.  Co.  vs.  Lari- 
mer St.  Ry.  Co.  159 
Laubach  vs.  Dodson  74,  179 
Laughlin  vs.  Township  243 
Leasure  vs.  Mahoning  Twp.  115 
Lehigh  Coal  &  Navigation  Co.'s 
Appeal 

168,  181,  182,  247,  248,  250 
vs.  Gormley  103 

vs.   Inter    County   St.   Ry. 
Co.  160 

Lehigh  Twp.  Road  203 

Valley  Coal  Company's  Ap- 
peal 188 
Lewis  vs.  Flanagan  86,  95,  108 
Limestone  Township  8 
Liquor  License  Fees  191 
Little  vs.  Lower  Merion  Twp. 

139,  142,  244 
Livingston  vs.  South  Middleton 

Twp.  School  Board  244 

Locust  Street,  Widening  of  211 

Logan  Twp.  vs.  Altoona  163 

vs.  Rochester  Twp.  139,  143,  245 

Londonderry    TowTiship,    In    re 

Roads  in  219 

Long  vs.  Milford  Twp.  267 


PAGE 

Lower  Allen  Twp.  Road  200 

Lower    Allen    Twp.    S.    D.    vs 

Shiremanstown  S.  D.  48,  50 
Lower      Chanceford     Township 

Road  200 

Lower  Macungie  Twp.  vs.  Merk- 

hoflfer,  253,  254,  256,  257,  266 
Lower  Merion  Township  Road  202 
Lower     Pottsgrove     Twp.      vs. 

Pottstown  Pass.  Rj.  Co.  159 
Lower  Saucon  Township's  Road  198 
Lower  Windsor  Twp.  vs.  Gem- 
mill  252,  255 
Lubrecht  vs.  Hazle  Twp.  117 
Lumber  Township  vs.  Cameron 

County  136,  220 

Luzerne  Borough,  In  re  School 

District  of  47,  50,  54 

Lydon   vs.    Lackawanna   Town- 
ship 186 
Lynn  vs.  Ralpho  Twp.          214,  253 
McBride'a  Petition  136 
McCarthy  vs.  Penna.  Land  and 

Imp.  Co.  156,  157 

McClintock  vs.  Remmell  75 

McConnell's  Mill  Road  200 

McCormick  vs.  Kinsey  153 

vs.  Washington  Twp.  267 

McCready  vs.  McGovern       118,  119 
McDermott  vs.  Auditors  of  La 

Porte  Twp.  208 

McDonald's  Case  134 

Mclntyre  Twp.  vs.  Walsh     110,  114 
McKenzie's  Election,  in  re  135 

McKim  vs.  Somers  131 

McMurtrie  vs.  Stewart  203 

McNeal  vs.  Allegheny  Twp.  139 

Machine  Co.  vs.  Allegheny  Twp.  160 
Macungie  Township  5,  6,  8,  9 

Magills  Case  102,  185 

Magill  vs.  Hellyer  102,  179 

Mahanoy      Twp.      vs.      Beaver 

Meadow  Elec.  Ry.  Co.        161 

vs.  Comry  220,  221,  245 

vs.  Scholly  252 

Mallory  vs.  Griffey  216 

Malloy  vs.  Reinhard  93 


530 


TABLE  OF  CASES  CITED. 


Marreval  vs.  Jackson  Township 

139,  167,  243,  245 
Manor     Keal     Estate     Co.     vs. 

Cooner  180 

Marcy  Township    Indebtedness, 

In  re  183,  191,  247 

In  re  Indebtedness  of  181,  248 

Ind.  S.  D.  41 

School  District  in,  In  re         38 

Marks  vs.  Park  135 

Marshall   vs.   Lower  Towamsn- 

sing  Township  153,  208 

Martz,  In  re  Contested  Election 

of  89 

Marys  vs.  East  Vincent  Twp. 

139,  142 
Matlack  vs.  Callanan  153 

Mattern  vs.   Allegheny   County 

Com.  99 

Mattes  vs.  Ruth  74 

Meadville  vs.  Erie  Canal  Co.        26} 
Mechesney  vs.  Unity  Twp. 

257,  265,  266 
Meeker  vs.  Commonwealth  213 

Meixell  vs.  Railway  Co.         159,  160 
Mellick  vs.  Penna  R.  R.  219 

Menges  vs.  Muncy  Creek  Twp. 

254,  271 
Merion  Avenue^  In  re  Widening 

of  211 

Merold  vs.  Rush  Township 

243,  244,  245 
Middle  Creek  and  Union  Town- 
ships Road  200 
Middleton,     Township     of,     vs. 

Miles  86 

Middletown  Road  222 

etc.,  R.  Co.  vs.  Middletown 
Elec.  Ry.  Co.  242 

Milford    Borough    vs.    Milford 

Water  Co.  141 

Millcreek  Twp.  vs.  Perry      255,  266 

Miller,  Ex  parte  129 . 

vs.  Gorman  184,  185 

Millvale  Borough  Annexation       172 

Election  27 


PAGE 

Moers  vs.  City  of  Reading  l64 

Mohney   vs.    Red   Bank   School 

District  119 

Monongahela  City  vs.  Fischer     252 
Moore  vs.  Allegheny  City  101 

vs.  Taylor  74,  77 

Morgan  vs.  Moyamensing  Town- 
ship 250 
Morrow  vs.  Commonwealth 

203,  204,  218 
Mt.    Carmel    Twp.    vs.   McDon- 
nell 86,  95 
Mt.       Pleasant        Independent 

School  Dist.  40,  41 

Mt.  Pleasant  School  District         45 
Mueller  vs.  Ross  Twp.  268 

Munhall  Bor.  S.  D.  vs.  Mifflin 

Twp.  S.  D.  49 

Munnell    vs.    Peters    &    N.    S. 

Twps.  252 

Murphy's  Case  129 

Myers  vs.  Commonwealth  238 

Nelson  vs.  Ehret  158,  208 

Nescopeck  Twp.,  In  re  Division 

of  59,  '62 

Nesinger  vs.  Clay  and  Hinkle- 

town  Turnpike  Co.  226 

Nether  Providence  Township, 
Appointment  of  Town 
Clerk  for  110 

New  Garden  Election  District, 

In  re  58,  62 

Newlin  Township  vs.  Davis  237,  252 
Newry  S.  D.  46 

Nieman  vs.  Ward  18 

Nippenose   vs.    Bastress    Town- 
ship 75 
Nobles  vs.  Piollet                            196 
Norristown,  In  re  Eighth  Ward 

of  58 

North  Chester  Election  District 

58,  59,  60,  61 
Lebanon  Twp.  vs.  Lebanon 

Co.  237 

Manheim's    Appeal,    Town- 
ship of  157 


TABLE  OF  CASES  CITED. 


531 


North   Manheim   Township   vs. 

Arnold  259,  261,  270 

Whitehall  Twp.,  In  re        7,  14 
Northern  Home  for  Friendless 

Children,  In  re  165 

Northumberland,  First  National 
Bank  of,  vs.  Rush  School 
Dist.  244 

Norwegian  To\vnship,  In  re  7,  8,  20 
Oakland  Twp.  vs.  Martin 

140,   144,  231 
O'Hara  Twp.  Road  201 

Ohl  vs.  Bethlehem  Twp.  260 

Old  Forge  School  District's  In- 
debtedness 46 
O'Leary's  Petition  136 
Orren  English's  Case  129 
Overton  Township  Public  Road  197 
Paradise  Twp.,  In  re  9 
Pathmaster's  Accounts,  In  re  113 
Payne    vs.    School    District    of 

Coudersport  77 

Pearce  vs.  Torrence  185 

Penn  Dist.  Election  Case  64 

Township  7 

vs.  Perry  County  234 

Pennsylvania  Canal  Company 
vs.  Shirley  and  Union 
Townships  203 

R.  R.  vs.  City  of  Philadel- 
phia 164,  165 
vs.     Montgomery     Co. 
Pass.  Ry. 

138,   159,   160,   161 
Tel.  Co.  vs.  Hoover  162 

People's  Telephone  and  Tele- 
graph Co.  vs.  Berks  and 
Dauphin  Tpk.  Road  162 

Perry  Twp.  vs.  John  251,  267 

Pfoutz  vs.  Penna.  Tel.  Co.  162 

Phila.  &  Reading  Coal  &  Iron 

Co.'s  Appeal  36 

Petition  35,  188 

Phillips  vs.  Commonwealth  201 

Pitt  ToAvnship  Road  200 


PAGE 

Pittsburg  Election  Case  136 

M.  &  Y.  R.  Co.  vs.  Com.        225 

Pittston  Borough  Election  131 

Twp.  Auditors  120 

School  District  of  118 

vs.  Walsh  119 

Plains  Twp.  36 

Township's  Appeal  77,  180,  182 

Twp.  Audit  117,  118 

Case  35 

In  re  183 

Platz  vs.  McKean  Twp. 

260,  261,  271 
Plum   Township,    In    re    Divis- 
ion of  6,  7,  15 
Plunkett's  Creek  Twp.,  In  re  11,  18 
vs.   Crawford  30 
Plymouth  Township  8 
vs.  Chestnut  Hill  and  Nor- 

ristown  Ry.  Co.  160 

vs.  Graver  259 

Commissioners  vs.  Sweeney    87 

Polling  Place,  In  re  65 

of  the  Second  Division  of 

the  Seventh  Ward  '65 

Porter  vs.  School  Directors  114,  1x6 

vs.  Shields  227,  230 

Twp.  Election  Case  65,  136 

Overseers       vs.       Jersey 

Shore  Overseers  248 

Road  93,  186,  221 

Potter  and  Tioga  County  Pub- 
lic Road  199 
Pottsville    Bor.    vs.    Norwegian 

Township  139,  144,  233 

Radnor  Twp.  vs.  Bell  150 

R.  R.  Co.  vs.  O'Hara  185 

Rainsburg  Borough  vs.  Fyan         170 
Rapho  Twp.  vs.  Moore  253,  258,  261 
&  West  Hempfield  Twps.  vs. 
Moore  144,  233,  236 

Reed's  Nomination  130 

Reilly  vs.  School  Board  93 

Renting  vs.  Titusville  167 

Reserve  Township  Road  211 

Rich's  Appeal  75 


34 


532 


TABLE  OF  CASES  CITED. 


PAGE 

Rice's  Appeal  9^2 

Rice  vs.  Burns  105,  185 

Richter  vs.  Penn  Twp.  115 

Ridgway  vs.  Bridgeport  74 

Light  &  Heat  Company  vs. 
County  of  Elk  77 

Ridley  Twp.  Sup.  91 

Ridley  Twp.,  S.  D.  of,  vs.  S.  D. 

of  Ridley  Park  51 

Ringler's  Nomination  130 

Road  to  Ewing's  Mill  200 

Roaring  Brook  S.  D.,  In  re  47 

Township  Road,  In  re    201,  202 
Roberts  vs.  Sarchet  122 

Roche  vs.  Sommers  179 

Rockdale  and  Richmond  Town- 
ships Line  8,  10 
Rockefeller  Twp.  vs.  Rhodes 

260,  269,  270 
Rockhill  Iron  &  Coal  Company 

vs.  Fulton  Co.  n 

Rose  vs.  Beaver  County  67 

Rothwell  vs.  California  Borough  210 
Roye  vs.  Columbia  Borough  170 

Rudy's  Case  129 

Rush  Township  vs.  Susquehanna 

Co.  237 

vs.  Schuylkill  County  185 

Overseers  of,  vs.  Lynn  119 

Road  198 

Rutherford's  Case  156 

Ryon  Twp.  13 

Road  193 

Sadsbury's  Constable  129 

Twp.  Sup.  91 

Salisbury     etc.     Twps.,     In    re 

Line  Between  18 

Saucon    Township,    Supervisors 

of,  vs.  Broadhead  249 

Schaeffer  vs.  Jackson  Twp.  254,  264 
Schaflfer's  Election  127 

Schload    vs.  Clay    and  Hinkle- 

town  Turnpike  Company  226 

School  District  vs.  Pitts.  106 

Scott  vs.  Strawn  115 

Twp.  vs.  Montgomery    255,  270 


Scranton  Election  District  59,  60,  61 
Scraper  Co.  vs.  Supervisors  of 

Pine  Twp.  138,  143,  249 

Seabolt      vs.      Northumberland 

County  Commissioners       239 
Sener  vs.  Ephrata  Borough  174 

Sewickley  Township,  In  re  7 

Ind.  S.  D.  40,  42 

Road  198 

Shaeffer  vs.  Shaeffer  184 

Shamokin  Borough  Division    59,  61 
Sharon  Hill  Elec.  Case  131 

Sharpless  vs.  Mayor  of  Phila- 
delphia 164 
Shartzer   vs.    Washington   Bor. 

School  District  116 

Shea  vs.  Plains  Township    243,  249 
Sheetz  vs.  Rush  Township 

243,  244,  245 
Sheppard  vs.  Township  139,  142 

Sheridan  vs.  Palmyra  Twp. 

234,  257,  267 
Shieb  vs.  Collier  Twp.  153,  253 

Shippen,  To^vnship  of,  vs.  Bur- 

lingame  118 

Shoe     vs.     Nether     Providence 

Twp.  158,  205,  211 

Short  vs.  Gilson  115 

Shriver  vs.  Stephens     120,  121,  122 
Shronk      vs.      Supervisors      of 

Penn  Township  94,  242 

Sides  vs.  Lane.  Co.  107 

Siegler  vs.  Mellinger  268 

Slaymaker  vs.  Lancaster  Co.  78 

Smith  vs.  Jackson  Twp.       267,  268 
vs.  McCarthy  14 

vs.       Middle        Smithfield 

School  District  180 

vs.  Muncy  Creek  Twp. 

237,  261,  267,  272 
Snyder  vs.  Penn  Twp. 

252,  255,  259,  266 
Twp.  vs.  Bovaird  244,  245 

Somerset  Twp.  vs.  Parson 

138,  142,  245 
Somerville  vs.  Gallaher  101,  102,  249 


TABLE  OF  CASES  CITED. 


533 


PAGE 

Sommer's  Case  77,  104 

South  Abington  School  Dist.  40 

Bethel  Twp.  Road  225 

Bethlehem  Boro.,  Justice  of 

the  Peace  of  131 

Covington   S.   D.    Ind.,    In 
re  47 

Speer  vs.  Blairsville  School  Di- 
rectors 166 
Speicher  vs.  Clifton  Township 

118,  119 
Sprague  vs.  Baldwin  156 

Spring     Brook     Township     vs. 

Thomas  92,  119 

Springdale  Twp.  34 

Springfield,   S.   D.   of  Twp.   of, 
vs.  S.  D.  of  Boro.  of  Mor- 
ton 51 
Township  Road                 199,  200 
Spring     Garden       Independent 

School  Dist.  40,  41 

Sprowls  vs.  Morris  Twp.  268 

Stahl's  Assessment  75 

Stauffer     vs.     Lower     Swatara 

Township  205 

Stebbins  vs.  Leidy  Township 

243,  244,  245 
Steelton    Boro.    vs.    Harrisburg 

Pass.  Ry.  161 

Stephens  vs.  Potter  91,  92,  204 

vs.  Shriver  122 

vs.  Wyoming  School  Dist.     244 
Sterling's  Appeal  162 

Stewart  vs.  Maple  179 

Stiles  vs.  Reynolds  101 

StoKes  vs.  Ralpho  Twp.  266 

Stolpe's  Appeal  94,  114,  246 

Stowe  and  Main  Twp.  Road        200 
Stowe  Township  Division 

5,  7,  8,  9,  11,  36 
Street  vs.  Comm.  80 

Stringert    vs.    Ross    Township 

253,  260 

Sugar  Notch  Borough  56 

In  re  Indebtedness  of  107 

Sullivan  Co.  vs.  Middendorf  99 


Sunday  vs.  Shuler 
Supervisors,  In  re 
Susquehanna  River  Road 
Sutter  vs.  Young  Twp. 
Swanck's  Case 


PAGE 

122 
89 
219 
253 
133 


Swatara  Twp.  School  District's 

Appeal  93,  100 

District  vs.  Geesey  115 

Tamaqua  and  Lansford  St.  Ry. 

vs.  Inter-County  St.  Ry.     160 
Taylor  Township  vs.  Lawrence 

County  23« 

Township's  Road  198 

Templeton  vs.  Com.  101 

vs.  Warriorsmark  Twp.         268 

Third  Road  District  Supervisors    90 

Thirtieth  Election  District,  In 

re  59,  60 

Thomas  vs.  Upper  Merion  Twp.  119 
Thompson  vs.  Commonwealth  221 
Timlin's  Case  131,  132 

Todd  Township  Public  Road  199 
Tompsett  vs.  Glade  Twp.  260,  261 
Towamencin  Road  199 

Township  vs.  Blackwell  100 

Roads  222 

Tracy  vs.  Titusville  School  Dis- 
trict 116 
Trainer  vs.  Wolfe  141 
ThedyflFrin  S.  Lands  45 
Trego  vs.  Pierce  121 
Trexler  vs.  Greenwich  Twp.  254,  266 
Tyson's  Bond  129 
Union   St.  Ry.  vs.  Hazleton  & 

N.  S.  Elec.  Ry.  IGO 

Twp.  vs.  Gibboney 

138,  139,  140,  142,  143,  245 
Upper  Darby,  Township  of,  vs. 

Borough  of  Lansdowne        25 
Upper  Fairfield  Road  198 

Upper  Providence  Township  vs. 

Ry.  Co.  160 

Upper  Salford  Township,  In  re 

Division  of        5,  8,  9,  10,  14 
Utt  vs.  Yocum  185 

Vance's  Case  133 


534 


TABLE  OF  CASES  CITED. 


PAGE 

Vandegrift's  Appeal  184 

Van  Storch  vs.  City  74 

Wagner  vs.  Foley  153,  203 

vs.  Salzburg  Twp.  158,  205 

Walker's  Contested  Election  135 
Walters  vs.  Wayne  Twp.  265,  266 
Warfel  vs.  Cochran  203 

Warminster  Township  Ind.  S.  D.  41 
Warner  vs.  Commonwealth  244 

vs.  Muncy  Twp.  153,  205 

Warrington  Township  6 

Warwick  Twp.  11 

Washington  Avenue  220 

Twp.  Sup.  91 

and  Warrington  Twp.,  In  re      8 
Watson's  Petition  45 

Weaver  vs.  Block  121 

Wenger  vs.  Rohrer  154 

West  Brunswick    Election  Dis- 
tricts 58,  62 
Mahanoy  Twp.  vs.  Watson 

259,  263,  264 
Wheatfield  Twp's  Agent         127 
Westfield    Borough    vs.    Tioga 

County  232,  233 

Westgate  vs.  Spalding  230 

Wetmore  Township  10,  11 

White  Clay  Creek  Bridge,  In  re  233 
Whitemarsh  Twp.  vs.  Philadel- 
phia,     Germantown      & 
Norristown  R.  R.  Co. 

242,  247,  248 
Whitmire     vs.     Mimcy     Creek 

Twp.  237,  253,  261,  267 

Wilkes-Barre  City  Hospital  vs. 

County  of  Luzerne  165 

Township,  In  re  181 

Indebtedness  191,  L48 

Wilkins  School  Dist.  vs.  Turtle 

Creek  Borough  Dist.  27 

Twp.  S.  D.  40,  42,  47,  52,  53,  54 


PA6B 

Willard  vs.  Parker 

242, 

246 

Williams  vs.  Crook 

42 

vs.  Reed 

192 

vs.  Wright 

184, 

185 

Twp.  vs.  Williamstown 

48,  50,  51 
Williamsport    &    N.    B.    R.    R. 
Company    vs.    La    Porte 
Township  Supervisors        203 
Wilson  vs.   O'Hara  Twp. 

256,  258,  266,  268 
Wimer  vs.  Overseers  of  Poor  of 

Worth  Twp.  164 

Windsor  Township,  In  re  8 

Winner  vs.  Graner  158,  205 

vs.  Oakland  Twp.  266,  269 

Winton  Coal  Company  vs.  Com- 
missioners     of      Lacka- 
wanna Co.  76 
Witherop  vs.  Titusville  School 

Board  168,  171 

Wolf  vs.  Sterling  Township  245 

Wolf's  Appeal  3 

Wolfe's  Petition  45 

Woodring  vs.  Forks  Twp.  237,  243 
Worley  vs.  Dover  Twp.  257,  258,  269 
Worrilow  vs.  Upper  Chichester 

Twp.  254,  264,  265 

Wright  vs.  Lehman  Township 

214,  253,  266 
Wyalusing  Twp.  7,  10 

Yealy  vs.  Fink  233 

Yoders  vs.  Amwell  Twp. 

254,  258,  264 
Young  vs.  Machamer  92 

Zanziger    vs.    Wayne    Electric 

Light  Co.  163 

Zimmerman      vs.      Conemaugh 

Twp.  258,  267 


INDEX. 


References   are  to  pages. 
ABANDONMENT 

of  bridges,  reconstruction,  238. 
of  turnpikes,  225. 
of  plank  roads,  22'6. 

ACCOUNTS,  See  also  Auditobs 
duties  of  auditors,  112. 
presentation  of  claims,  114. 

ACTIONS,  See  Negligence 

power  of  township  to  sue,  242. 
actions  against  townships,  243. 
affidavits  of  defense  by,  244. 
actions  of  supervisors,  245. 
intervention  of  taxpayers,  246. 
mandamus  against  townships,  247. 
execution  against  townships,  250. 

ACTS  OF  ASSEMBLY— See  list  of  acts  cited.     Page  515.     For  list  of  spec- 
ial acts,  see  the  several  coimties. 
Act  of  April  15,  1903,  in  full,  274. 
erecting  townships,  3. 
constitutionality  of  classification,  34. 

ADAMS  COUNTY 

special  acts  relative  to  townships  in,  313. 

AFFIDAVITS  OF  DEFENSE 
by  townships,  244. 

ALIAS  WRIT 

of. mandamus,  249. 

ALLEGHENY  COUNTY 

special  acts  relative  to  townships  in,  315. 

535 


536  INDEX. 

References   are  to  pages. 
ALTERATIONS 

to  bridges,  237. 

ALTERATION 

of  lines  of  township,  20. 

ANNEXATION 

of  land  to  school  district,  44. 

APPEALS 

review  of  order  issued  to  commissioners  appointed  to  pass  on  new 

township,  6. 
where  no  exceptions  to  the  return  of  commissioners,  8. 
mattters  passed  on,  10. 
from  assessment  for  taxation,  77. 
from  report  of  auditors,  118. 
bond  in  such  case,  119. 
from  assessment  of  property,  179. 
from  rate  fixed  by  supervisors,  180. 
intervention  by  tax  payers,  182. 
from  acts  of  road  commissioners  under  special  acts,  19'6. 

APPROACHES 

to  bridges,  234. 

liability  for  neglect  in  care  of,  257. 

ARMSTRONG  COUNTY 

special  acts  relative  to  townships  in,  323. 

ARREST 

for  violation  of  ordinances  in  townships  of  the  first  class,  ]  50. 

ASSESSMENT 

precept  for,  73. 

manner  and  place  of,  74. 

where  assessed,  75. 

notice  of,  76. 

appeal  from,  77. 

re-assessment,  78. 

of  tax,  178. 

basis  of  levy,  179. 

of  road  tax,  183. 


INDEX.  537 

References  are   to  pages. 
ASSESSOES 

in  townships  of  the  first  class,  72. 

in  townships  of  the  second  class,  72. 

assistant  assessors,  72. 

oath,  73. 

duties,  73,  79. 

manner  of  assessment,  74. 

re-assessment,  78. 

penalty  for  neglect,  78. 

vacancy,  79. 

compensation,  80. 

school  assessor,  80, 

ASSISTANT  ASSESSORS,  See  Assessoes. 

ASSISTANT  TAX  COLLECTORS,  See  Tax  Collectoes. 

ATTACHMENT 

by  auditors  to  compel  appearance,   112. 

AUDITORS 

in  townships  of  the  first  class.  111. 

in  townships  of  the  second  class,  111. 

meetings,  112. 

general  duties,  112. 

duties  as  to  accounts,  112. 

presentation  of  claims,  114. 

effect  of  settlement,  115. 

conclusiveness,    115. 

reports,  116. 

neglect  of  duty,   117. 

appeal  from  report,  118. 

recognizance,  119. 

costs  on  appeal,  119. 

compensation,  120. 

vacancies,   120. 

duties  as  to  fences,  120,  121. 

penalty  for  neglect,  122. 

compensation  for  fence  views,  123. 

appointment  of  tree  commissioners,  125. 

notice  to,  of  proceedings  to  open  roads,  199. 

BALLOT 

in  election  to  determine  whether  the  township  shall  be  divided,  14. 
in  election  to  determine  whether  new  township  shall  be  erected,  16. 
in  election  to  pass  on  poor  house,  67. 
in  election  to  pass  on  increase  of  debt,  171. 


538.  INDEX. 

References   are  to  pages. 
BEAVER  COUNTY 

special  acts  relative  to  townships  in,  325. 

BEDFORD  COUNTY 

special  acts  relative  to  townships  in,  328. 

BERKS  COUNTY 

special  acts  relative  to  townships  in,  331. 

BLAIR  COUNTY 

special  acts  relative  to  townships  in,  335. 

BOARD  OF  HEALTH 

school  directors  as,  126. 
power  of,  15'6. 

BOND,  See  also  Foems 

of  treasurer,  32,  85. 

of  supervisor,  91. 

of  tax  collector,  99,  100. 

on  appeal  from  the  report  of  auditors,  119. 

of  justice  of  the  peace,  134. 

of  taxpayers  contracting  to  make  roads  or  bridges,  189. 

issuance  of  where  debt  increased,  169. 

reissue  of,  174. 

exchanging,  174. 

of  contractor  for  State  highway,  278. 

BOROUGH 

adjustment  of  indebtedness  where  township  erected  from,  23. 

adjustment  of  indebtedness  where  limits  changed,  26. 

formation  of  new  school  district  by  erection  of,  46. 

adjustment  of  school  district  indebtedness  where  lines  of  borough 

altered,  52. 
widening  of  road  between  city  and  borough,  211. 
road  improvements  where  highway  part  within,  286. 

BOUNDARIES 

method  of  ascertaining,  18. 

adjusting  river  boundary,  20. 

altering  lines,  20. 

adjustment  of  indebtedness  where  altered,  30. 

bridges  on,  233. 


INDEX.  539 

References  are  to  pages. 


BOUNTIES 

payment  of,  145. 

appropriation  of  money  for,  165. 

BRADFORD  COUNTY 

special  acts  relative  to  townships  in,  337. 

BRIDGES 

contracts  for,  143. 

on  division  lines,  144. 

use  of  by  street  railway,  1'61. 

contract  by  taxpayers  for  making,  188. 

form  of  contract,  189. 

duty  to  construct,  231. 

cost  of,  232. 

on  boundaries,  233. 

on  county  lines,  234. 

approaches,  234. 

repairs,  236. 

alterations  in  county  bridges,  237. 

rebuilding,  238. 

abandoned  and  destroyed,  238. 

over  railroads,  239. 

notices  on,  240. 

penal  provisions,  240. 

liability  for  negligence  in  care  of,  257. 

BUCKS  COUNTY 

special  acts  relative  to  townships  in,  343. 

BUTLER  COUNTY 

special  acts  relative  to  townships  in,  346. 

CAMBRIA  COUNTY 

special  acts  relative  to  townships  in,  350. 

CAMERON  COUNTY 

special  acts  relative  to  townships  in,  352. 

CANALS 

subscription  to  committee  to  view  ship  canal,  165. 

CARBON  COUNTY 

special  acts  relative  to  townships  in,  352. 


540  INDEX. 

References  are  to  pages. 
CENTRE  COUNTY 

special  acts  relative  to  townships  in,  354. 

CHESTER  COUNTY 

special  acts  relative  to  townships  in,  356. 

CITY 

adjustment  of  indebtedness  where  township  annexed,  27. 
adjustment  of  indebtedness  where  township  annexed  to  city  of  the 

third  class,  28. 
widening  of  road  between  city  and  borough,  211. 

CLARION  COUNTY 

special  acts  relative  to  townships  in,  364. 

CLASSIFICATION 

townships  of  the  first  class,  32. 
method  of  determining,  33. 
constitutionality  of  classification,  34. 
efi"ect  of,  35. 
of  school  districts,  56. 

CLEARFIELD  COUNTY 

special  acts  relative  to  townships  in  365. 

CLINTON  COUNTY 

special  acts  relative  to  townships  in,  367. 

COLUMBIA  COUNTY 

special  acts  relative  to  townships  in,  369. 

COMMISSIONERS 

to  pass  on  erection  of  new  township,  5. 

where  township  divided  by  new  county  line,  16. 

to  ascertain  boundaries,  18. 

to  erect  independent  school  district,  40. 

to  erect  new  election  district,   60. 

COMMON  SCHOOLS,  See  Independent  School  Distbicts 
formation  of  districts,  37. 
annexation  of  land  to  district,  44. 
annulling  of  annexation,  45. 

formation  of  new  district  by  erection  of  borough,  46. 
adjustment  of  indebtedness  where  new  district  formed,  46. 


INDEX.  541 

References   are  to  pages. 

COMMON  SCHOOLS— Continued. 

adjustment  of  indebtedness  where  lines  altered  or  independent  dis- 
trict abolished,  51. 
adjustment  where  lines  of  borough  altered,  52. 
adjustment  where  district  is  enlarged,  54. 

adjustment  where  township  is  merged  into  one  or  more  boroughs,  55. 
classification  of  school  districts,  56. 
school  directors  as  boards  of  health,  126. 
liquor  license  fees  when  taxpayers  make  roads,  192. 
enumeration  of  children,  80. 

COMPENSATION 

of  commissioners  to  ascertain  boundaries,  19. 

of  assessors,  80. 

of  treasurer  in  townships  of  the  first  class,  83. 

of  treasurer  in  townships  of  the  second  class,  36. 

of  supervisor,  95. 

of  tax  collectors,  106. 

of  auditors,  120. 

of  fence  viewers,  123. 

of  fire  wardens,  124. 

for  water  troughs,  144. 

of  deputy  constables,  147. 

of  collectors  of  special  taxes,  133. 

CONDEMNATION,  See  Eminent  Domain 
of  infected  trees,  125. 
of  land  for  sewers,  151. 

CONDITIONS 

in  grant  of  franchise,  ICO. 

CONSENT 

grant  of  to  street  railways,  159. 

grant  of  to  telephone  and  telegraph  companies,   161. 

grant  of  to  natural  gas  companies,  162. 

grant  of  to  oil  and  pipe  line  companies,  162. 

grant  of  to  gas,  light  and  heat  companies,  162. 

grant  of  to  water  companies,  162. 

CONSOLIDATION 

of  election  districts,  64. 


542  INDEX. 

References   are  to  pages. 
CONSTABLES 

as  fire  wardens,  124. 

election  of,  127. 

qualifications  of,  128. 

vacancies,  129. 

deputy  constables  for  townships,  146. 

CONSTRUCTIVE  NOTICE,  See  Notice. 

CONTRACTS,  See  also  Fobms 
of  townships,   137. 
by  whom  made,  137. 
interest  of  supervisors  in,  140. 
for  road  work,  141. 
purchase  of  machinery,   142. 
for  opening  roads,  143. 
for  bridges,  143. 
for  water  troughs,  144. 
to  pay  bounties,  145. 
for  fire  protection,  156. 
for  police  protection,  146. 
for  the  erection  of  lock-ups,  147. 
for  sewerage,  151. 

for  State  highway  improvements,  278-9,  281. 
by  taxpayers  for  making  roads  or  bridges,  188. 
form  of,  189. 

CONTRIBUTORY  NEGLIGENCE 

effect  on  liability  of  township,  265. 
what  is,  266. 

CORPORATIONS 

subscription  to  stock  of,  164. 

COSTS 

of  proceedings  to  form  independent  school  district,  42. 
on  appeal  from  the  report  of  auditors,  119. 
of  opening  roads,  207. 
of  erecting  bridges,  232. 

COUNTIES 

erection  of  guard  walls  on  roads,  214. 
erection  of  bridges,  232. 
bridges  on  county  lines,  234. 


INDEX.  543 

References   are  to  pages. 
CRAWFORD  COUNTY 

special  acts  relative  to  townships  in,  371. 

CUMBERLAND  COUNTY 

special  acts  relative  to  townships  in,  377. 

DAMAGES,  See  Negligence 

assessment  of,  where  material  taken  for  roads,  157. 

for  changing  grade  of  road,  158. 

to  sheep,  how  paid,  192, 

in  opening  roads  in  townships  of  the  first  class,  196. 

in  opening  roads,  205. 

in  opening  sidewalks  in  townships  of  the  first  class,  228. 

in  actions  for  negligence,  270. 

from  construction  of  State  highway,  287. 

DAUPHIN  COUNTY 

special  acts  relative  to  to\vnships  in,  379. 

DELAWARE  COUNTY 

special  acts  relative  to  townships  in,  383. 

DIRECTORS  OF  THE  POOR 
election,  69. 

DISORDERLY  CONDUCT 

upon  highways,  penalty,  216. 

DIVISION 

election  to  determine,  13,  14. 
form  of  ballot,  14. 
by  new  county  line,  16. 
adjustment  of  indebtedness,  22,  30. 
effect  of  on  election  districts,  63. 

DOGS 

Taxation  of,  192. 

DRAINAGE 

regulation  of,  153. 
Liability  for  defects  in,  153. 
to  improve  wet  lands,  154. 
re-drainage,   155. 
on  roads,  213. 


544  INDEX. 

References  are  to  pages. 
DUPLICATES 

of  tax,  179. 

of  road  tax,  184. 

EASEMENTS 

surrender  of,  153. 

ELECTION 

in  erection  of  new  township,  13. 

in  division  of  township,  13. 

form  of  ballot,  14. 

return,  15. 

in  erection  of  new  township,  15. 

form  of  ballot,  15. 

where  new  township  formed  by  new  county  line,  17. 

formation  of  districts,  57. 

jurisdiction,    57. 

petition,  59. 

commissioners,  60. 

return,  60. 

review,  62. 

effect  of  division,  63. 

consolidation  of  districts,  '64. 

change  of  polling  places,  65. 

to  determine  necessity  of  poor  house,  67. 

of  township  ofl&cers,  70. 

conduct  of,  71. 

assessor,  79. 

of  township  treasurer,  82,  84. 

of  township  commissioners,  87. 

of  supervisors,  89. 

to  change  number  of  supervisors,  89. 

of  tax  collector,  98. 

of  town  clerk,  109. 

of  township  auditors,  111. 

of  constables,  127. 

of  justices  of  the  peace,  130. 

qualifications,   131. 

term,  132. 

contested  election  for  justice,  133. 

election  oflBcers,  135. 

conduct  of  special  elections,  135. 

vacancies  in  election  board,  136. 

to  pass  on  increase  of  debt,  171. 


INDEX.  545 

References   are   to  pages. 
ELK  COUNTY 

special  acts  relative  to  townships  in,  387. 

EMINENT  DOMAIN 

to  acquire  land  for  sewers  in  townships  of  the  first  class,  152. 
to  acquire  material  for  roads,  157. 
changing  grade  of  roads,  158. 

ERECTION,  See  Indebtedness 

legislative  establishment,  3. 

judicial  establishment,  4. 

procedure,  4. 

petition,  5. 

commissioners,  5. 

order  to,  6. 

view,  7. 

return,  8. 

map,  9. 

exceptions  to  return,  10. 

review,  11. 

election,  13,  15. 

by  new  county  line,  16. 

election  in  such  case,  17. 

draft,  18. 

ERIE  COUNTY 

special  acts  relative  to  townships  in,  388. 


^  I    special  acts  relative  to  townships  in,  388. 


EVin 

of  negligence,  260. 

EXCEPTIONS 

to  return  of  commissioners  appointed  to  pass  on  new  township,  10. 
to  report  of  viewers  opening  road  in  townships  of  the  first  class,  196. 

EXECUTION 

against  townships,  250. 

EXONERATION 

from  taxes,  193. 

EXPENDITURES 

subscriptions,  164. 

appropriation  of  money  or  credit,  165. 

for  township  buildings,  166. 

manner  of  making  disbursements,  166. 


546  INDEX. 

References   are  to  pages. 
FAST  DRIVING 

penalty  for,  over  bridges,  240. 

FAYETTE  COUNTY 

special  acts  relative  to  townships  in,  394. 

FENCES 

auditors  as  fence  viewers,  120. 
duties,  121. 

penalty  for  neglect,  122. 
compensation  of  fence  viewers,  123. 
change  of  to  prevent  snow  drifts,  215. 

FINES,  See  Penalties. 

FIRE 

penalty  for  carrying  over  bridges,  240. 

FIRE  PROTECTION 

contracts  for,  146. 

FIRE  WARDENS 

constables  as,  124. 
compensation  of,  124. 

FOREST  COUNTY 

special  acts  relative  to  townships  in,  398. 

FORESTS 

rebate  for  maintaining,  188. 
income  from  State  forests,  192. 

FORMS 

petition  of  real  estate  owners  for  highway  improvement,  294. 
petition  of  township  supervisors  for  highway  improvement,  295. 
petition  of  township  commissioners  for  highway  improvement,  296. 
petition  of  county  commissioners  for  highway  improvement,  297. 
agreement  between  commonwealth,  county  and  township  for  road  im- 
provements, 298. 
contract  between  the  commonwealth  and  contractor,  299. 
bond  to  be  given  by  the  contractor  for  road  improvement,  301. 
maintenance  petition  for  the  use  of  township  supervisors,  302. 
maintenance   petition   for  the  use   of  township  commissioners  and 

county  commissioners,  303. 
form  of  standard  specifications,  304. 
form  of  bid,  310. 


INDEX.  547 

References   are   to   pages. 

FRANCHISES 

to  street  railway,  159. 

to  telephone  and  telegraph  companies,   161. 

to  natural  gas  companies,  162. 

to  oil  and  pipe  line  companies,  162. 

to  gas,  light  and  heat  companies,  162. 

to  water  companies,  163. 

conditional  grant,  160. 

FRANKLIN  COUNTY 

special  acts  relative  to  townships  in,  399. 

FULTON  COUNTY 

special  acts  relative  to  townships  in,  402. 

GAS   COMPANY 

municipal  consent  to  construction  of  lines,  162. 

GRADING  ROADS 

damages  for,  158. 
power  to  grade,  210. 

GREENE  COUNTY 

special  acts  relative  to  townships  in,  403. 

GUARDS 

on  roads,  213. 

duty  to  erect,  255. 

liability  of  townships  for  failure,  255. 

HAWKERS  AND  PEDDLERS 
license  of,  149. 

HEAT  COMPANY 

municipal  consent  to  construction  of  line  of,  162. 

HORSES 

use  of  skittish  horses,  254. 

HUNTINGDON  COUNTY 

special  acts  relative  to  townships  in,  405. 

HUSBAND  AND  WIFE 

damages  recoverable  by  husband  for  injury  to  wife,  270. 

35 


548  INDEX. 

References   are  to  pages. 
IMPUTATION 

of  negligence,  268. 

INDEBTEDNESS 

adjustment  where  township  divided,  22. 

where  township  erected  from  borough,  23. 

where  borough  limits  are  changed,  26. 

where  township  annexed  to  city,  27. 

where  township  annexed  to  city  of  the  third  class,  28. 

where  new  township  erected  by  new  county  line,  29. 

where  boundary  altered,  30. 

where  township  divided,  30. 

where  new  school  district  formed,  46. 

where  lines  altered  or  independent  district  abolished,  51. 

where  lines  of  borough  altered,  52. 

of  school  indebtedness  where  district  is  enlarged,  54. 

of  school  indebtedness  where  township  is  merged  into  one  or 
more  boroughs,  55. 
to  erect  poor  house,  68. 
increase  of,  167. 

limitation  on  power  to  contract,  168. 
Act  of  April  20,  1874,  increase,  169. 
Act  of  April  20,  1874,  election  to  increase,  171. 
where  increase  approved,   173. 
re-issue  of  bonds,  174. 
exchanging  securities,   174. 
statement  of,   175. 
ratifying  increases,  176. 
special  tax  to  pay,   181. 
for  building  State  roads,  223. 
contracting  for  State  highway  improvement,  282. 

INDEPENDENT  SCHOOL  DISTRICTS 
erection  of,  38. 
petition  for,  39. 
commissioners,  40. 
return,  41. 
costs,  42. 

when   district  recognized,   42. 
abolition  of,  42. 

INDEX  BOARDS 

erection  by  supervisors,  215. 


INDEX.  549 

References   are  to  pages. 
INDIANA  COUNTY 

special  acts  relative  to  townships  in,  407. 

INDICTMENT 

of  supervisors  for  failure  to  erect  bridges,  232. 
of  supervisors  for  failure  to  open  roads,  200. 

INJUNCTIONS 

to  restrain  nuisance  on  road,  157. 

to  restrain  collection  of  road  tax,  185. 

INSPECTION 

of  tax  assessment  books,   179. 

INSPECTORS 

election  of,  135. 
vacancies,  136. 

INTEREST 

upon  debts  for  which  special  tax  levied,  183. 
in  actions  against  townships,  245. 

INTERVENTION 

by  taxpayers,  182,  246. 

JEFFERSON  COUNTY 

special  acts  relative  to  townships  in,  410. 

JUDGE  OF  ELECTION 
election,  135. 
vacancies,   136. 

JUDGMENT 

confession  by  supervisors,  243. 

JUNIATA  COUNTY 

special  acts  relative  to  townships  in,  412. 

JURISDICTION 

in  erecting  townsliips,   4. 

in  adjusting  indebtedness  where  new  school  district  formed,  4S. 

in  forming  election  districts,  57. 

of  justices  in  actions  for  penalties,  150. 

to  issue  mandamus,  247. 

in  actions  for  negligence,  269. 


550  INDEX. 

References   are  to   pages. 
JUSTICE  OF  THE  PEACE 

where  townships  are  divided,  31. 
election  of,  130. 
qualifications,  131. 
term,   132. 

acceptance  of  oflBce,  132. 
vacancy,  133. 
contested  election,  133. 
removal  of,  134. 
bond,  134. 
duties,  134. 

jurisdiction  in  actions  for  penalties,  150. 

appointment  of  viewers  to  assess  damages  where  material  is  taken 
for  road  use,  157. 

LACKAWANNA  COUNTY 

special  acts  relative  to  townships  in,  414. 

LANCASTER  COUNTY 

special  acts  relative  to  townships  in,  416. 

LAWRENCE  COUNTY 

special  acts  relative  to  townships  in,  423. 

LEBANON  COUNTY 

special  acts  relative  to  townships  in,  426. 

LEHIGH  COUNTY 

special  acts  relative  to  townships  in,  428. 

LEVY 

basis  of,  179. 

review  of,  180. 

to  pay  debt  due  to  supervisor  or  overseer  of  the  poor,  180. 

LICENSES 

fees  for,  148. 

LIGHT  COMPANY 

municipal  consent  to  construction  of  line  of,  162. 

LIQUOR 

license  for  sale  of,   149. 
application  of  license  fees,  191. 


INDEX.  551 

References   are  to  pages. 


LINES 

roads  on  township  lines,  209. 
roads  on  State  lines,  209. 
bridges  on  boundaries,  233. 
bridges  on  county  lines,  234. 

LOCATION 

of  route  of  road,  202. 
effect  of,  203. 

LOCK-UPS 

erection  of,  147. 

LUZERNE  COUNTY 

special  acts  relative  to  townships  in,  430. 

LYCOMING  COUNTY 

special  acts  relative  to  townships  in,  437. 

MACHINES 

purchase  of,  142. 

contracting  indebtedness  for,  167. 
for  use  on  roads,  212. 
operation  on  highways,  217. 

MAINTENANCE 

of  State  highway,  284. 
petition  for,  302,  303. 

MANDAJVIUS 

to  compel  levy  of  tax  to  pay  debts,  132. 
to  compel  levy  of  road  tax,  184. 
to  compel  erection  of  bridges,  232. 
jurisdiction  to  issue  writ,  247. 
in  what  cases,  247. 
alias  writ,  249. 

MAP 

in  erection  of  new  township,  9. 

where  new  township  formed  by  new  county  line,  18. 

where  independent  school  district  formed,  42. 

to  show  negligence,  260. 

McKEAN  COUNTY 

special  acts  relative  to  townships  in,  441. 


552  INDEX. 

References   are  to  pages. 
MEETINGS 

of  supervisors  to  grant  franchises  to  street  railway,  159. 

MEMORIAL  DAY 

appropriation  of  money  for  exercises  on,  166. 

MERCANTILE  LICENSE 
in  tovraships,  149. 

MERCER  COUNTY 

special  acts  relative  to  townships  in,  443. 

MIFFLIN  COUNTY 

special  acts  relative  to  townships  in,  447. 

MONROE  COUNTY 

special  acts  relative  to  townships  in,  449. 

:montgomery  county 

special  acts  relative  to  townships  in,  451. 

MONTOUR  county 

special  acts  relative  to  townships  in,  455. 

MUNICIPAL  LIENS 

for  sewers  in  townships  of  the  first  class,  152. 
for  drainage  of  wet  lands,  155. 

NATURAL  GAS  COMPANY 

municipal  consent  to  construction  of  line,  162. 

NEGLIGENCE 

in  care  of  drainage,  153. 

in  care  of  roads,  251. 

latent  defects,  253. 

holes,    253. 

ruts,  253. 

skittish  horses,  254. 

guard  rails,  255. 

bridges,  257. 

where  third  parties  negligent,  258. 

evidence  of,  260. 

sidewalks,  261. 

notice  of  defects,  261. 

proximate  cause,  263. 


INDEX.  553 

References   are  to  pages. 
NEGLIGENCE— Continued. 

contributory  negligence,  265. 

imputation  of  contributory  negligence,  268. 

jurisdiction  in  actions  for,  2'69. 

parties  to  actions  for,  269. 

damages  for,  270. 

functions  of  court  and  jury,  271. 

NORTHAMPTON  COUNTY 

special  acts  relative  to  townships  in,  45'6. 

NORTHUMBERLAND  COUNTY 

special  acts  relative  to  townships  in,  458. 

NOTICE 

of  application  for  new  township,  5. 

of  view  for  new  township,  7. 

of  view  to  alter  boundaries,  20. 

of  meeting  of  commissioners  in  case  of  independent  school  district,  40. 

of  completion  of  poor  house,  68. 

of  assessment,  76. 

of  receipt  of  duplicate  by  tax  collector,  102. 

of  report  of  auditors,  117. 

of  infection  of  trees,  125. 

of  opening  of  road  in  townships  of  the  first  class,  195. 

to  supervisors  of  road  proceedings,  197. 

to  auditors  of  road  proceedings,  199. 

on  bridges,  240. 

liability  for  latent  defects,  253. 

of  defects  in  highways,  261. 

NUISANCES 

abatement  of,  156. 

OFFICERS— See  the  various  officers. 

of  State  highway  department,  275. 

OIL  COMPANY 

municipal  consent  to  construction  of,  162. 
OPENING  ROADS 

in  townships  of  the  first  class,  195. 

in  tovmships  under  special  acts,  193. 

notice  to  supervisors,  197. 

notice  to  auditors,  199. 


554  INDEX. 

References   are   to   pages. 
OPENING  ROADS — Continued. 

issue  of  order  to  open,  199. 
duty  to,  200. 
costs  of,  202. 

ORDER 

to  commissioners  appointed  in  case  of  new  township,  6. 
to  open  road,  199. 

ORDINANCES 

fixing  penalties  in  townships  of  the  first  class,  150. 

arrest  for  violation,  150. 

opening  roads  in  townships  of  the  first  class,  195. 

ORGANIZATION 

of  board  of  township  commissioners,  88. 

OVERSEERS  OF  THE  POOR 
election  of,  66. 
duties  when  poor  house  erected,  68. 

PARTIES  TO  ACTION 

by  townships,  242. 

in  actions  for  negligence,  269. 

PENALTIES 

neglect  of  assessors,  78. 

refusal  of  supervisor  to  serve,  93. 

neglect  of  supervisor  to  perform  duties,  94. 

neglect  of  auditors,  117. 

neglect  of  fence  viewers,  122. 

ordinances  enacting  in  townships  of  the  first  class,  149. 

for  non-payment  of  taxes,  193. 

for  failure  to  erect  index  boards,  2r6, 

for  obstructing  highways,  216. 

for  disorderly  conduct  on,  216. 

for  obstructing  highways  by  railroads,  216. 

for  extortion  by  workmen,  217. 

for  injury  to  water  troughs,  230. 

for  fast  driving  over  bridges,  240. 

for  carrying  fire  over  bridges,  240. 

PERRY  COUNTY 

special  acts  relative  to  townships  in,  461. 


INDEX.  555 


References   are  to   pages. 
PETITION,  See  also  Forms 

to  erect  new  township,  4. 

requisites  of,  5. 

for  commissioners  to  ascertain  boundaries,  19. 

to  erect  independent  school  district,  39. 

to  form  new  election  district,  59. 

to  open  road  in  townships  of  the  first  class,  195. 

for  State  road,  223. 

for  road  improvement,  276. 

PHILADELPHIA  COUNTY 

special  acts  relative  to  townships  in,  4G4. 

PHOTOGRAPHS 

to  show  negligence,  260. 

PIKE  COUNTY 

special  acts  relative  to  townships  in,  467. 

PIPE  LINE  COMPANY 

municipal  consent  to  construction  of,  162. 

PLANK  ROADS 

abandonment  of,  226. 

PLANS 

of  State  highways,  288. 

POLICE 

appointment  and  powers  of,  146. 
appropriation  to  pension  fund,  165. 

POLLING  PLACES 
change  of,  65. 
consolidation  of  election  districts,  64. 

POOR 

overseers  of,  66. 

coxmty  poor  districts,  67. 

poor  houses,  67. 

indebtedness  for  poor  house,  68. 

completion  of  poor  house,  68. 

directors  of  the  poor,  69. 

POTTER  COUNTY 

special  acts  relative  to  townships  in,  468. 


556  INDEX. 

References,  are  to  pages. 
PROVINCE  OF  COURT  AND  JURY 
in  negligence  cases,  271. 

PROXIMATE  CAUSE 

liability  of  townships,  263. 

PROCESS 

service  on  supervisors,  243. 
alias  writ  of  mandamus,  249. 

PUBLIC  BUILDINGS 
erection  of,  148. 
expenditures,  166. 

QUALIFICATION 

of  township  officers,  71. 

of  assessor,  73. 

of  treasurer,  82,  85. 

of  supervisor,  91. 

of  tax  collector,  99. 

of  constables,  128. 

QUARTER  SESSIONS 

jurisdiction  in  erection  of  new  township,  4. 
in  erection  of  new  election  district,  57. 
to  appoint  deputy  constables,  146. 
to  review  rate  of  taxation  fixed  by  supervisors,  180. 
to  order  tax  to  pay  debts,  181. 

to  appoint  viewers  to  open  road  in  townships  of  the  first 
class,  196. 

RAILROADS 

penalty  for  obstructing  highways,  216. 
bridges  over,  239. 

RATIFICATION 

of  increases  of  indebtedness,  176. 

REBATE 

of  tax  for  prompt  payment,  136. 

use  of  wide  tired  wagons,  187. 
planting  trees,  187. 
forests,    188. 


INDEX.  557 

References   are  to  pages. 
REBUILDING 

of  bridges,  238. 

RECEIPT 

of  tax  collector,  194. 

RECORDS 

of  State  Highway  Department,  275. 

REMOVAL 

of  justice  of  the  peace,  134. 

REPAIRS 

of  roads,  212. 

of  State  roads,  224. 

to  bridges,  236. 

REPORT 

of  auditor,  effect,  116. 

of  State  highway  department,  275. 

RETURN 

of  commissioners  in  proceedings  for  new  township,  8. 

map  or  plot,  9. 

exceptions  to,  10. 

of  election  to  determine,  whether  township  shall  be  divided,  15. 

of  commissioners  where  township  divided  by  new  county  line,  17. 

of  commissioners  to  ascertain  boundaries,  18. 

of  commissioners  to  pass  on  independent  school  district,  41. 

of  commissioners  to  pass  on  new  election  district,  60. 

of  taxes  collected,  194. 

REVIEW 

of  proceedings  establishing  a  new  township,  11. 

of  proceedings  establishing  a  new  election  district,  62. 

RIVER 

adjusting  boundaries,  20. 

ROADS,  See  also  State  Roads,  Forms 
contracts  for  road  work,  141. 
contracts  for  opening  roads,  143. 
nuisances  upon,  156. 
acquiring  material  for,  157. 
damages  for  changing  grade,  158. 


558  INDEX. 

References   are  to  pages. 
ROADS — Continued. 

indebtedness  in  purchasing  machinery  for,  167. 

indebtedness  for  ordinary  repairs,  168. 

contracts  by  taxpayers  for  making,   188. 

form  of  contract,  189. 

application  of  liquor  license  fees,  191. 

income  from  State  forests,  192. 

in  townships  of  the  first  class,  195. 

in  townships  xmder  special  acts,  196. 

notice  to  supervisors  when  new  road  proposed,  l97. 

notice  to  auditors,  199. 

issue  of  order  to  open,  199. 

duty  to  open,  200. 

location  of  the  route,  202. 

effect  of  location,  203. 

damages  for  opening,  205. 

cost  of  opening,  207. 

roads  on  township  lines,  209. 

roads  on  State  lines,  209. 

grading,  210. 

widening,  211. 

widening  between  cities  and  boroughs,  211. 

repairs  by  contract,  212. 

road  machinery,  212. 

drainage  of,  213. 

guard  walls  upon,  213. 

removing  stones  from,  214. 

snow  drifts   upon,   214. 

index  boards,  215. 

obstructing,  216. 

obstructing  by  railroad  companies,  216. 

extortion  by  workmen  on,  217. 

operation  of  machinery  on,  217. 

vacation  of,  218. 

State  roads,  220. 

maintenance  of  State  roads,  224. 

turnpikes,  225. 

sidewalks,  22'6. 

sidewalks  in  townships  of  the  first  class,  227. 

sidepaths,  229. 

water  troughs  on,  230. 

liability  for  negligent  care  of,  251. 

ROAD  COMMISSIONERS 

under  special  acts,  196. 


INDEX.  559 

References   are   to  pages. 


ROAD  TAXES 

levy  of,  183. 

basis  of,  183. 

collection  of,  184. 

cash  road  tax,  186. 

rebates  for  prompt  payment,  186. 

rebates  for  use  of  wide  tired  wagons,  187. 

rebates  for  planting  trees,  187. 

rebates  for  forests,  188. 

where  taxpayers  make  roads,  188. 

income  from  State  forests,  192. 

application  of,  186. 

cash  road  tax  for  State  roads,  223. 

SCHUYLKILL  COUNTY 

special  acts  relative  to  townships  in,  472. 

SEWERAGE 

in  tov?nships,  151. 

SHEEP 

use  of  dog  tax  to  pay  damage  to,  192. 

SIDEPATHS 

construction  of,  229. 

SIDEWALKS 

construction,  226. 

in  townships  of  the  first  class,  227. 

liability  for  negligence  in  construction  of,  261. 

SNOW 

removal  from  roads,  214. 
liability  for  injury  from,  253. 

SNYDER  COUNTY 

special  acts  relative  to  townships  in,  477. 

SOMERSET  COUNTY 

fcpocial  acts  relative  to  townships  in,  478. 

STAGE  i^INE 

license  of,  149. 


560  INDEX. 

References   are  to   pages. 
STATEMENT 

of  indebtedness,  175. 

STATE   ROADS 

construction  of,  220. 

care  of  by  supervisors,  221. 

general  system,  222. 

maintenance  of,  224. 

Act  April  15,  1903,  274. 

State  highway  department,  274. 

offices  of,  275. 

records  of,  275. 

report  of,  275. 

petition  for  road  improvements,  276. 

cost  of  road,  276,  279. 

standard  of  road,  278. 

contracts  for  work,  278,  279,  281. 

bond  of  contractor,  278. 

payment  of  cost,  280. 

petition  to  accept  benefits,  281,  283. 

contracting  indebtedness  for,  282. 

advertisement  for  proposals,  284. 

maintenance  of  road,  284. 

duty  of  supervisors  as  to,  285. 

when  portion  of  highway  in  borough,  286. 

damages  from  construction,  287. 

highway  plan  of  State,  288. 

duty  of  local  officers,  288. 

construction  of  improved  highways,  289. 

appropriation  for,  289. 

instructions  of  State  highway  department,  291. 

forms  of  State  highway  department — see  Foeajs. 

STONES 

removing  from  road,  214. 

STREET  RAILWAYS 

grant  of  franchises  to,  159. 

SUBSCRIPTIONS 

to  stock  of  corporations,  164. 

SULLIVAN  COUNTY 

special  acts  relative  to  townships  in,  480. 


INDEX.  56 1 

References   are   to  pages. 

SUPERVISORS,  See  also  Contracts,  Fobms 
election  of,  89. 
change  in  number,  89. 
vacancy,  90. 
qualification,  91. 
bond,  91. 

refusal  to  serve,  93. 
duties,  94. 

neglect  to  perform,  94. 
compensation,   95. 
clerk  of,  110. 
making  of  contracts,  137. 
interest  in  contracts,  140. 
disbursements  by,  when  no  treasurer,  167. 
tax  to  pay  debt  due,  181. 
notice  to,  of  proceedings  to  open  road,  197. 
duty  to  open  roads,  200. 
removal  of  stones  from  roads,  214. 
removal  of  snow  drifts,  214. 
erection  of  index  boards,  215. 
extortion  by,  on  highways,  217. 
care  of  State  roads  by,  221. 
erection  of  water  troughs,  230. 
duty  as  to  bridges,  231. 
confession  of  judgment,  by,  243. 
actions  by,  245. 

petition  for  road  improvement,  276. 
duty  as  to  care  of  State  roads,  285. 

SUSQUEHANNA  COUNTY 

special  acts  relative  to  townships  in,  481. 

TAXATION,  See  Tax  Collector 
triennial  assessor,  73. 
precept  for  assessment,   73. 
manner  and  place  of  assessment,  74. 
where  assessed,  75. 
notice  of  assessment,  76. 
appeal  from  assessment,  77. 
re-assessment,  78. 

collection  in  townships  of  the  first  class,  82. 

discounts  for  prompt  payment  in  townships  of  the  first  class,  97. 
abatements,  103. 
collection  of  taxes,  103,  106. 


562  INDEX. 

References   are  to  pages. 
TAXATION— Oon^inwed. 

for  township  building,  148,  166. 
to  refund  indebtedness,  168,  173. 
assessment,  178. 

basis  of  levy,  179. 

special  taxes  iinder  the  Act  of  1835,  180. 

special  taxes  under  the  Act  of  1864,  181. 

road  taxes,  183. 

cash  road  taxes,  186. 

rebates,  186. 

rebate  for  planting  trees,  187. 

rebate  for  forests,  188. 

income  from  forests,  192. 

dog  tax,   192. 

exonerations,  193. 

penalty  for  non-payment,  193. 

appeal  from  rate  fixed,  180. 

receipts  for,  194. 

returns,  194. 

TAX  COLLECTOR 

in  townships  of  the  first  class,  97. 

in  townships  of  the  second  class,  97. 

election  of,  98. 

vacancy,  98. 

oath,  99. 

bond,  99. 

liability,  100. 

duties,   101. 

collection  of  taxes,  103. 

responsibility  of,  105. 

compensation,  106. 

assistants,  108. 

of  special  taxes,  183. 

compensation,  183. 

road  taxes,  185. 

receipts,  194. 

returns,  194. 

TELEGRAPH  COMPANY 

municipal  consent  to  erection,  161. 

TELEPHONE  COMPANY 

municipal  consent  to  erection,  161. 


INDEX.  563 

References   are   to   pages. 


THEATRES 

license  of,  149. 

THIRD  PARTIES 

effect  of  negligence  of,  on  liability  of  township,  258. 

TIOGA  COUNTY 

special  acts  relative  to  townships  in,  485. 

TOWN  CLERK 

in  townships  of  the  first  class,  109. 
in  townships  of  the  second  class,  109. 
duties,  110. 
tax  assessment  books,  178. 

TOWNSHIP  COMMISSIONERS 
election  of,  87. 
meeting  of  board,  88. 

TREASURER 

in  townships  of  the  first  class,  82. 

compensation,  83. 

vacancy,  83. 

in  townships  of  the  second  class,  84. 

bond,  85. 

duties,  85. 

compensation,  86 

vacancy,  86. 

disbursements  by,  166. 

TREES 

rebate  of  tax  for  planting,  187. 

TREE  COMMISSIONERS 
appointment  of,  125. 
abatement  of  infected  trees,  156. 

TURNPIKES 

subscriptions  to  stock  of,  165. 
abandonment  of,  225. 

UNION  COUNTY 

special  acts  relative  to  townships  in,  488. 


564  INDEX. 

References   are   to  pages. 
VACATION 

of  highways,  218. 

VACANCY 

filling  of,  71. 

in  office  of  assessor,  79. 

treasurer  in  township  of  first  class,  83. 

treasurer  in  township  of  the  second  class.  86. 

supervisor,  90. 

tax  collector,  98. 

auditor,  120. 

constable,  129. 

justice  of  the  peace,  133. 
in  election  board,  136. 

VARIANCE 

in  proof  in  actions  for  negligence,  260. 

VENANGO  COUNTY 

special  acts  relative  to  townships  in,  490. 

VERDICT 

setting  aside  as  excessive,  271. 

VIEW 

in  erection  of  new  township,  7. 

in  draining  wet  lands,  154. 

in  taking  materials  for  roads,  157. 

WAGONS 

rebate  for  use  of  wide  tires,  187. 

WARRANTiS 

for  the  payment  of  money,   166. 
for  work  on  State  roads,  220. 
actions  on,  243. 

WARREN  COUNTY 

special  acts  relative  to  townships  in,  493. 

WASHINGTON  COUNTY 

special  acts  relative  to  townships  in,  497. 

WATER  COMPANY 

municipal  consent  to  construction  of  line  of,  163. 


INDEX. 

References   arc   to   pages. 

WATER 

troughs  for  supply  of,   144. 
liability  for  obstruction  of,  253. 

WATER  TROUGHS 

erection  of,  144,  230. 

WAYNE  COUNTY 

special  acts  relative  to  townships  in,  501. 

WESTMORELAND  COUNTY 

special  acts  relative  to  tovmships  in,  504. 

WYOMING  COUNTY 

special  acts  relative  to  townships  in,  508. 

WIDENING 

of  roadS;  211. 

between  cities  and  boroughs,  211. 

YORK  COUNTY 

special  acts  relative  to  townships  in,  510. 


565 


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